House Study Bill 25 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to the forfeiture of bail in a criminal case. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1537YC (2) 85 jm/nh
H.F. _____ Section 1. Section 602.8102, subsection 131, Code 2013, is 1 amended to read as follows: 2 131. Hold the amount of forfeiture and judgment of bail in 3 the clerk’s office for sixty ninety days as provided in section 4 811.6 . 5 Sec. 2. Section 811.6, subsections 2 and 3, Code 2013, are 6 amended to read as follows: 7 2. Where a forfeiture and judgment have been entered as 8 provided in this section , and the amount of the judgment has 9 been paid to the clerk, the clerk shall hold the same as funds 10 of the clerk’s office for a period of sixty ninety days from 11 the date of judgment. 12 3. The court may, upon application, set aside such judgment 13 if, within sixty ninety days from the date thereof of the 14 judgment , the defendant shall voluntarily surrender to the 15 sheriff of the county, or the defendant’s sureties shall, at 16 their own expense, deliver the defendant to the custody of 17 the sheriff. Such judgment shall not be set aside, however, 18 unless as a condition precedent thereto, the defendant and the 19 defendant’s sureties shall have paid all costs and expenses 20 incurred in connection therewith. 21 EXPLANATION 22 This bill relates to the forfeiture of bail in a criminal 23 case. 24 The bill extends the time period the court may set aside a 25 judgment (forfeited bail) against a surety when a defendant 26 fails to appear in court. Under the bill, if a defendant fails 27 to appear in court the judgment against the surety may be 28 set aside by the court if a defendant voluntarily surrenders 29 to the sheriff or the surety delivers the defendant to the 30 court within 90 days of the entry of the judgment. Current 31 law provides that the judgment against the surety may be set 32 aside by the court if a defendant voluntarily surrenders to 33 the sheriff or the surety delivers the defendant to the court 34 within 60 days of the entry of the judgment. 35 -1- LSB 1537YC (2) 85 jm/nh 1/ 2
H.F. _____ The bill also extends the time period the clerk of the 1 district court is required to hold the forfeited bail from 2 60 days to 90 days from the date of the judgment against the 3 surety. 4 Forfeited bail is collected by the clerk of the district 5 court and distributed pursuant to Code section 602.8106. 6 -2- LSB 1537YC (2) 85 jm/nh 2/ 2