Senate File 292 - Introduced SENATE FILE 292 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 165) 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 2171SV (2) 84 jm/nh

S.F. 292 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 d. If the defendant admits to the violation by paying 21 the fine and other charges due for a citation, complaint, 22 or information, and the conviction is set aside pursuant to 23 this subsection, the admission shall not be used against the 24 defendant in any subsequent proceedings arising out of the same 25 set of facts and circumstances as the conviction that has been 26 set aside. 27 Sec. 2. Section 811.9, Code 2011, is amended to read as 28 follows: 29 811.9 Forfeiture of appearance bond and conditions to set 30 aside. 31 Sections 811.6 through 811.8 shall not apply in a case where 32 a simple misdemeanor is charged upon a uniform citation and 33 complaint and where the defendant has submitted an unsecured 34 appearance bond or has submitted bail in the form of cash, 35 -1- LSB 2171SV (2) 84 jm/nh 1/ 3

S.F. 292 check, credit card as provided in section 805.14 , or guaranteed 1 arrest bond certificate as defined in section 321.1 . When a 2 defendant fails to appear as required in such cases, the court, 3 or the clerk of the district court, shall enter a judgment of 4 forfeiture of the bond or bail. The judgment shall be final 5 upon entry and shall not be set aside unless the conviction 6 is for a scheduled violation under chapter 321 that was set 7 aside under the procedures established in section 321.200A , 8 or upon a showing of good cause after the filing of a motion 9 within ninety days of entry of the judgment, for mistake, 10 inadvertence, surprise, excusable neglect, or unavoidable 11 casualty , or if the county attorney objects pursuant to the 12 procedures established in section 805.10, subsection 3 . 13 EXPLANATION 14 This bill relates to scheduled violations that require a 15 court appearance. 16 The bill provides that for scheduled violations requiring 17 a court appearance where the peace officer fails to endorse 18 “court appearance required” on the information or uniform 19 citation and complaint, and the defendant later admits to the 20 violation without a court appearance under the procedures 21 established in Code section 805.9, the conviction shall be 22 set aside as a matter of law if the county attorney files an 23 objection to the conviction within 60 days of the conviction. 24 If a conviction is set aside under the bill, the defendant 25 shall appear before the court and regular procedures shall 26 apply as in other scheduled violation cases that require a 27 court appearance under Code section 805.10. 28 The bill provides that any fine, court costs, surcharge, or 29 other penalty previously paid by the defendant, including an 30 unsecured appearance bond, may be refunded to the defendant or 31 upon subsequent conviction applied to the newly assessed fine, 32 court costs, surcharge, or other penalty. 33 If the defendant admits to the violation by paying the 34 citation, complaint, or information, and the conviction is set 35 -2- LSB 2171SV (2) 84 jm/nh 2/ 3

S.F. 292 aside pursuant to the bill, the admission shall not be used 1 against the defendant in any subsequent proceedings arising out 2 of the same set of facts and circumstances as the conviction 3 that has been set aside. 4 -3- LSB 2171SV (2) 84 jm/nh 3/ 3