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 -1- LSB 1349XC (2) 88 ns/rh 1/ 1