House
Study
Bill
535
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
forfeiture
of
bail.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
5572YC
(2)
89
as/rh
H.F.
_____
Section
1.
Section
811.6,
subsection
1,
Code
2022,
is
1
amended
to
read
as
follows:
2
1.
A
defendant
released
pursuant
to
this
chapter
shall
3
appear
at
arraignment,
trial,
judgment,
or
such
other
4
proceedings
where
the
defendant’s
appearance
is
required.
5
If
the
defendant
fails
to
appear
at
the
time
and
place
when
6
the
defendant’s
personal
appearance
is
lawfully
required,
or
7
to
surrender
in
execution
of
the
judgment,
the
court
must
8
direct
an
entry
of
the
failure
to
be
made
of
record,
and
the
9
undertaking
of
the
defendant’s
bail,
or
the
money
deposited,
10
is
thereupon
forfeited.
As
a
part
of
the
entry,
except
as
11
provided
in
rule
of
criminal
procedure
2.72
,
the
court
shall
12
direct
the
clerk
of
the
district
court
of
the
county
to
give
13
ten
thirty
days’
notice
in
writing
to
the
defendant
and
the
14
defendant’s
sureties
to
appear
and
show
cause,
if
any,
why
15
judgment
should
not
be
entered
for
the
amount
of
bail.
If
such
16
appearance
is
not
made,
judgment
shall
be
entered
by
the
court.
17
If
appearance
is
made,
the
court
shall
set
the
case
down
for
18
immediate
hearing
as
an
ordinary
action.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
forfeiture
of
bail.
23
Current
law
provides
that
if
a
defendant
fails
to
appear
in
24
court
at
the
defendant’s
arraignment,
trial,
judgment,
or
other
25
court
proceedings
where
the
defendant’s
personal
appearance
26
is
lawfully
required,
or
to
surrender
in
execution
of
the
27
judgment,
the
court
must
enter
a
forfeiture
judgment
of
the
28
defendant’s
bail.
As
a
part
of
the
entry
the
court
is
required
29
to
provide
10
days’
notice
in
writing
to
the
defendant
and
the
30
defendant’s
sureties
to
appear
and
show
cause,
if
any,
why
31
judgment
should
not
be
entered
for
the
amount
of
bail.
32
The
bill
requires
the
court
to
provide
30
days’
notice
in
33
writing
to
the
defendant
and
the
defendant’s
sureties,
instead
34
of
10
days’
notice,
to
appear
and
show
cause
why
judgment
35
-1-
LSB
5572YC
(2)
89
as/rh
1/
2
H.F.
_____
should
not
be
entered
for
the
amount
of
bail.
1
-2-
LSB
5572YC
(2)
89
as/rh
2/
2