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