SENATE FILE 360

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1092)

A BILL FOR

An Act relating to bail restrictions placed on criminal defendants.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 811.1, subsections 1 and 2, Code 2011, are amended to read as follows:
   1.  A defendant awaiting judgment of conviction and sentencing following either a plea or verdict of guilty of a class “A” felony, murder, forcible felony as defined in section 702.11, any class “B” felony included in section 462A.14 or 707.6A;felonious assault; felonious child endangerment; sexual abuse in the second degree; sexual abuse in the third degree; kidnapping; robbery in the first degree; arson in the first degree; burglary in the first degree; any felony included in section 124.401, subsection 1, paragraph“a” or “b”; or a second or subsequent offense under section 124.401, subsection 1, paragraph “c”; any felony punishable under section 902.9, subsection 1; any public offense committed while detained pursuant to section 229A.5; or any public offense committed while subject to an order of commitment pursuant to chapter 229A.
   2.  A defendant appealing a conviction of a class “A” felony; murder; forcible felony as defined in section 702.11; any class “B” or “C” felony included in section 462A.14 or 707.6A;felonious assault; felonious child endangerment; sexual abuse in the second degree; sexual abuse in the third degree; kidnapping; robbery in the first degree; arson in the first degree; burglary in the first degree; any felony included in section 124.401, subsection 1, paragraph“a” or “b”; or a second or subsequent conviction under section 124.401, subsection 1, paragraph “c”; any felony punishable under section 902.9, subsection 1; any public offense committed while detained pursuant to section 229A.5; or any public offense committed while subject to an order of commitment pursuant to chapter 229A.
EXPLANATION
   This bill relates to bail restrictions placed on criminal defendants.
   The bill specifies a defendant awaiting sentencing after a plea of guilty or a conviction for a forcible felony is not eligible for bail.
   The bill also specifies a defendant appealing a conviction for a forcible felony is not eligible for bail.
   The changes in the bill make a defendant eligible for bail if the defendant was convicted of or appealing a conviction for assault without the intent to cause serious injury but causing serious injury in violation of Code section 708.2(4), willful injury causing bodily injury in violation of Code section 708.4(2), sexual abuse between spouses, sexual abuse against a minor 14 or 15 years of age when the defendant is at least four years older than the minor, or child endangerment in violation of Code section 726.6(6).
   The bill makes a defendant ineligible for bail if the defendant was convicted of or appealing a conviction for robbery in the second degree in violation of Code section 711.3.