Senate File 165 - Introduced SENATE FILE 165 BY HANCOCK A BILL FOR An Act relating to scheduled violations that require a court 1 appearance. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2171SS (3) 84 jm/nh

S.F. 165 Section 1. Section 805.10, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. a. In cases requiring a court 3 appearance pursuant to subsection 1, if a peace officer fails 4 to endorse “court appearance required” on an information or 5 uniform citation and complaint, and the defendant admits to the 6 violation under the procedures established in section 805.9 7 without a court appearance as required by this section, the 8 conviction shall be set aside as a matter of law if the county 9 attorney files an objection to the conviction within sixty days 10 of the conviction. 11 b. If the conviction is set aside, the defendant shall 12 appear before the court and regular procedures shall apply as 13 in other scheduled violation cases requiring a court appearance 14 under this section. 15 c. Any fine, court costs, surcharge, or other penalties 16 previously paid by the defendant, including an unsecured 17 appearance bond, may be refunded to the defendant or upon 18 conviction applied to the newly assessed fine, court costs, 19 surcharge, or other penalty. 20 Sec. 2. Section 811.9, Code 2011, is amended to read as 21 follows: 22 811.9 Forfeiture of appearance bond and conditions to set 23 aside. 24 Sections 811.6 through 811.8 shall not apply in a case where 25 a simple misdemeanor is charged upon a uniform citation and 26 complaint and where the defendant has submitted an unsecured 27 appearance bond or has submitted bail in the form of cash, 28 check, credit card as provided in section 805.14 , or guaranteed 29 arrest bond certificate as defined in section 321.1 . When a 30 defendant fails to appear as required in such cases, the court, 31 or the clerk of the district court, shall enter a judgment of 32 forfeiture of the bond or bail. The judgment shall be final 33 upon entry and shall not be set aside unless the conviction 34 is for a scheduled violation under chapter 321 that was set 35 -1- LSB 2171SS (3) 84 jm/nh 1/ 2

S.F. 165 aside under the procedures established in section 321.200A , 1 or upon a showing of good cause after the filing of a motion 2 within ninety days of entry of the judgment, for mistake, 3 inadvertence, surprise, excusable neglect, or unavoidable 4 casualty , or if the county attorney objects pursuant to the 5 procedures established in section 805.10, subsection 3 . 6 EXPLANATION 7 This bill relates to scheduled violations that require a 8 court appearance. 9 The bill provides that for scheduled violations requiring 10 a court appearance where the peace officer fails to endorse 11 “court appearance required” on the information or uniform 12 citation and complaint, and the defendant later admits to the 13 violation without a court appearance under the procedures 14 established in Code section 805.9, the conviction shall be 15 set aside as a matter of law if the county attorney files an 16 objection to the conviction within 60 days of the conviction. 17 If a conviction is set aside under the bill, the defendant 18 shall appear before the court and regular procedures shall 19 apply as in other scheduled violation cases that require a 20 court appearance under Code section 805.10. 21 The bill provides that any fine, court costs, surcharge, or 22 other penalty previously paid by the defendant, including an 23 unsecured appearance bond, may be refunded to the defendant or 24 upon subsequent conviction applied to the newly assessed fine, 25 court costs, surcharge, or other penalty. 26 -2- LSB 2171SS (3) 84 jm/nh 2/ 2