Senate Study Bill 1092 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON FRAISE) A BILL FOR An Act relating to bail restrictions placed on criminal 1 defendants. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1920SC (2) 84 jm/nh

S.F. _____ Section 1. Section 811.1, subsections 1 and 2, Code 2011, 1 are amended to read as follows: 2 1. A defendant awaiting judgment of conviction and 3 sentencing following either a plea or verdict of guilty of a 4 class “A” felony, murder, forcible felony as defined in section 5 702.11, any class “B” felony included in section 462A.14 or 6 707.6A ; felonious assault; felonious child endangerment; sexual 7 abuse in the second degree; sexual abuse in the third degree; 8 kidnapping; robbery in the first degree; arson in the first 9 degree; burglary in the first degree; any felony included 10 in section 124.401, subsection 1 , paragraph “a” or “b” ; or a 11 second or subsequent offense under section 124.401, subsection 12 1 , paragraph “c” ; any felony punishable under section 902.9, 13 subsection 1 ; any public offense committed while detained 14 pursuant to section 229A.5 ; or any public offense committed 15 while subject to an order of commitment pursuant to chapter 16 229A . 17 2. A defendant appealing a conviction of a class “A” 18 felony; murder; forcible felony as defined in section 702.11; 19 any class “B” or “C” felony included in section 462A.14 or 20 707.6A ; felonious assault; felonious child endangerment; sexual 21 abuse in the second degree; sexual abuse in the third degree; 22 kidnapping; robbery in the first degree; arson in the first 23 degree; burglary in the first degree; any felony included in 24 section 124.401, subsection 1 , paragraph “a” or “b” ; or a second 25 or subsequent conviction under section 124.401, subsection 26 1 , paragraph “c” ; any felony punishable under section 902.9, 27 subsection 1 ; any public offense committed while detained 28 pursuant to section 229A.5 ; or any public offense committed 29 while subject to an order of commitment pursuant to chapter 30 229A . 31 EXPLANATION 32 This bill relates to bail restrictions placed on criminal 33 defendants. 34 The bill specifies a defendant awaiting sentencing after a 35 -1- LSB 1920SC (2) 84 jm/nh 1/ 2

S.F. _____ plea of guilty or a conviction for a forcible felony is not 1 eligible for bail. 2 The bill also specifies a defendant appealing a conviction 3 for a forcible felony is not be eligible for bail. 4 The changes in the bill make a defendant eligible for bail if 5 the defendant was convicted of or appealing a conviction for 6 assault without the intent to cause serious injury but causing 7 serious injury in violation of Code section 708.2(4), willful 8 injury causing bodily injury in violation of Code section 9 708.4(2), sexual abuse between spouses, sexual abuse against a 10 minor 14 or 15 years of age when the defendant is at least four 11 years older than the minor, or child endangerment in violation 12 of Code section 726.6(6). 13 The bill makes a defendant ineligible for bail if the 14 defendant was convicted of or appealing a conviction for 15 robbery in the second degree in violation of Code section 16 711.3. 17 -2- LSB 1920SC (2) 84 jm/nh 2/ 2