Senate
Study
Bill
1008
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
restrictions
on
bailable
defendants
charged
1
with
homicide
by
motor
vehicle.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1349XC
(2)
88
ns/rh
S.F.
_____
Section
1.
Section
811.2,
subsection
1,
Code
2019,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
c.
Any
bailable
defendant
who
is
charged
3
with
unintentionally
causing
the
death
of
another
by
operating
4
a
motor
vehicle
in
violation
of
section
707.6A,
subsection
1
5
or
2,
and
who
is
ordered
released
shall,
as
a
condition
of
6
that
release,
be
prohibited
from
operating
a
motor
vehicle,
7
be
placed
under
supervision,
and
be
required
to
surrender
the
8
defendant’s
driver’s
license
to
the
sheriff
of
the
county
in
9
which
the
defendant
is
charged
if
the
defendant
has
not
already
10
surrendered
the
license
to
the
department
of
transportation
11
pursuant
to
section
321.210D.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
provides
that
any
bailable
defendant
who
is
16
charged
with
unintentionally
causing
the
death
of
another
17
by
operating
a
motor
vehicle
in
violation
of
Code
section
18
707.6A(1)
(operating-while-intoxicated)
or
Code
section
19
707.6A(2)
(reckless
driving
or
eluding
law
enforcement)
20
and
who
is
ordered
released
shall,
as
a
condition
of
that
21
release,
be
prohibited
from
operating
a
motor
vehicle,
be
22
placed
under
supervision,
and
be
required
to
surrender
the
23
defendant’s
driver’s
license
to
the
sheriff
of
the
county
in
24
which
the
defendant
is
charged
if
the
defendant
has
not
already
25
surrendered
the
license
to
the
department
of
transportation.
26
Under
Code
section
811.1,
a
defendant
is
not
bailable
if
the
27
defendant
is
awaiting
judgment
of
conviction
and
sentencing
28
following
either
a
plea
or
verdict
of
guilty
for
a
charge
29
under
Code
section
707.6A(1)
or
if
the
defendant
is
appealing
30
a
conviction
for
a
violation
of
Code
section
707.6A(1)
31
or
707.6A(2).
Therefore,
the
bill
does
not
apply
to
such
32
defendants.
33
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