House File 2368 - Introduced



                                       HOUSE FILE       
                                       BY  VAN FOSSEN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the uniform bond schedule used for the release
  2    of an arrested person when the court is not in session.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6285YH 82
  5 jm/rj/5

PAG LIN



  1  1    Section 1.  Section 602.4201, subsection 3, Code 2007, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  i.  Uniform bond schedule as provided in
  1  4 section 805.21.
  1  5    Sec. 2.  Section 804.21, subsection 5, Code 2007, is
  1  6 amended to read as follows:
  1  7    5.  a.  The judicial council supreme court shall promulgate
  1  8 prescribe rules and relating to the bond levels to be
  1  9 contained within a bond schedule for the release of an
  1 10 arrested person under the rulemaking procedures in section
  1 11 602.4202.
  1 12    b.  The bond schedule shall not be used unless both of the
  1 13 following conditions are met:
  1 14    (1)  The person was arrested for a crime other than a
  1 15 forcible felony, and.
  1 16    (2)  The courts are not in session.
  1 17    Sec. 3.  BOND SCHEDULES.  The bond schedule filed February
  1 18 19, 1999, with the clerk of the supreme court shall be the
  1 19 bond schedule utilized until such time the court prescribes a
  1 20 new rule relating to the bond schedule under the rulemaking
  1 21 procedures in section 602.4202.  The bond schedule filed with
  1 22 the clerk of the supreme court on August 2, 2007, is void.
  1 23                           EXPLANATION
  1 24    This bill relates to the uniform bond schedule used when
  1 25 the court is not in session for the release of a person
  1 26 arrested for a crime other than a forcible felony.
  1 27    The bill provides that the supreme court shall prescribe by
  1 28 rule the bond levels to be contained within the bond schedule
  1 29 under rulemaking procedures set out in Code section 602.4202.
  1 30 Under current law, the judicial council promulgates by rule
  1 31 the bond levels to be contained in the bond schedule without
  1 32 requiring the rule to be subject to the procedures set out in
  1 33 Code section 602.4202.
  1 34    The rulemaking procedures under Code section 602.4202
  1 35 require that a proposed rule be submitted to the legislative
  2  1 council and the chairpersons and ranking members of the senate
  2  2 and house committees on judiciary.  Upon filing the proposed
  2  3 rule containing the bond schedule with the legislative
  2  4 council, the Code would provide that the rule takes effect 60
  2  5 days after submission to the legislative council or at a later
  2  6 date specified by the supreme court, unless the legislative
  2  7 council by majority vote delays the effective date of the
  2  8 rule.  If the legislative council delays the effective date of
  2  9 the rule, the rule in some cases can be delayed from becoming
  2 10 effective until May 1 of the following calendar year.  If the
  2 11 general assembly enacts a bill changing the rule, the general
  2 12 assembly's enactment supersedes a conflicting provision in the
  2 13 rule as submitted by the supreme court.
  2 14    The bill also provides the bond schedule filed February 19,
  2 15 1999, with the clerk of the supreme court shall be the bond
  2 16 schedule utilized until such time as the court files a new
  2 17 proposed bond schedule under the rulemaking procedures in Code
  2 18 section 602.4202.  The bond schedule filed with the clerk of
  2 19 the supreme court on August 2, 2007, is voided by the bill.
  2 20 LSB 6285YH 82
  2 21 jm/rj/5