House Study Bill 514 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ANDERSON) A BILL FOR An Act relating to the arrest of a material witness in a felony 1 criminal case. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5231YC (4) 84 jm/nh

H.F. _____ Section 1. Section 804.11, Code 2011, is amended to read as 1 follows: 2 804.11 Arrest of material witness. 3 1. When a A law enforcement officer who has probable cause 4 to believe that a person is a necessary and material witness 5 to a felony and that such person might be unavailable for 6 service of a subpoena attendance at any deposition, proceeding, 7 hearing, or trial involving a felony , the officer may arrest 8 such person as a material witness with or without an arrest 9 warrant. 10 2. At the time of the arrest, the law enforcement officer 11 shall inform the person of the following : 12 1. a. The officer’s identity as a law enforcement officer ; 13 and . 14 2. b. The reason for the arrest which is that the person is 15 believed to be a material witness to an identified felony and 16 that the person might be unavailable for service of a subpoena 17 attendance at a deposition, proceeding, hearing, or trial . 18 Sec. 2. Section 804.23, Code 2011, is amended to read as 19 follows: 20 804.23 Initial appearance of arrested material witness before 21 magistrate. 22 1. The officer shall, without unnecessary delay, take the 23 person arrested pursuant to section 804.11 before the nearest 24 or most accessible magistrate to the place where the arrest 25 occurred. 26 2. At the appearance before the magistrate, the law 27 enforcement officer shall make a showing to the magistrate, by 28 sworn affidavit, that probable cause exists to believe that 29 a person is a necessary and material witness to a felony and 30 that such person might be unavailable for service of a subpoena 31 attendance at any deposition, proceeding, hearing, or trial 32 involving a felony . The Upon such a showing, the magistrate 33 may order the person released pursuant to section 811.2 if 34 the magistrate finds that such release will reasonably assure 35 -1- LSB 5231YC (4) 84 jm/nh 1/ 2

H.F. _____ the attendance of the material witness at any deposition, 1 proceeding, hearing, or trial . 2 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 3 immediate importance, takes effect upon enactment. 4 EXPLANATION 5 This bill relates to the arrest of a material witness in a 6 felony criminal case. 7 The bill provides that a law enforcement officer who 8 has probable cause to believe that a material witness to a 9 felony might be unavailable for attendance at any deposition, 10 proceeding, hearing, or trial, may arrest the person as a 11 material witness. Current law requires the law enforcement 12 officer to have probable cause to believe a material witness to 13 a felony might be unavailable for service of a subpoena prior 14 to arresting the material witness. 15 The bill requires the law enforcement officer, without 16 unnecessary delay, to take the arrested material witness 17 before a judge and make a showing that probable cause exists 18 to believe the material witness might be unavailable for 19 attendance at any deposition, proceeding, hearing, or trial. 20 Upon a showing that probable cause exists, the judge may order 21 the material witness released pursuant to Code section 811.2, 22 if the magistrate finds such release will reasonably assure 23 the attendance of the material witness at any deposition, 24 proceeding, hearing, or trial. 25 If a material witness is released and subsequently fails to 26 appear, the person commits a simple misdemeanor pursuant to 27 Code section 811.2(8). 28 A simple misdemeanor is punishable by confinement for no 29 more than 30 days or a fine of at least $65 but not more than 30 $625 or by both. 31 -2- LSB 5231YC (4) 84 jm/nh 2/ 2