Senate File 2090 - Introduced SENATE FILE 2090 BY DAWSON A BILL FOR An Act relating to pretrial bond amounts for certain felonies. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5187XS (2) 89 as/rh

S.F. 2090 Section 1. NEW SECTION . 811.1B Pretrial bond amounts for 1 class “A” and forcible felonies. 2 1. It is the policy of this state that, for certain 3 violent offenses, a court setting bond must give significant 4 consideration to the danger a defendant poses to another person 5 or the property of another if the defendant is not detained 6 pending trial. This consideration is in addition to all others 7 recognized by law, including but not limited to the bond amount 8 necessary to secure the defendant’s appearance. 9 2. When probable cause for an offense is found by the 10 magistrate, or the district court has found the minutes 11 supporting an indictment or information are sufficient to 12 warrant conviction if unexplained, the following pretrial 13 bond amounts shall be presumed for each count charged, 14 notwithstanding any other provision of law: 15 a. For a class “A” felony, a five hundred thousand dollar 16 cash bond only. 17 b. For a class “B” forcible felony, a twenty-five thousand 18 dollar cash bond only. 19 c. For a class “C” forcible felony, a ten thousand dollar 20 cash bond only. 21 d. For a class “D” forcible felony, a five thousand dollar 22 cash bond only. 23 3. The presumption contained in this section is rebuttable 24 only upon a showing by the defendant, by a preponderance of 25 evidence, that the defendant is not a danger to another person 26 or the property of another if not detained pending trial. 27 4. As with other bond reviews, a determination under this 28 section made by a magistrate is reviewable by a district 29 court judge or a district associate judge having original 30 jurisdiction of the offense with which the defendant is charged 31 pursuant to section 811.2, subsection 7, paragraph “a” , while a 32 determination made by a district court judge is only reviewable 33 by the appellate court pursuant to section 811.2, subsection 34 7, paragraph “b” . 35 -1- LSB 5187XS (2) 89 as/rh 1/ 2

S.F. 2090 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to pretrial bond amounts for certain 4 felonies. 5 The bill provides that for certain violent offenses, a 6 court setting bond must give significant consideration to the 7 danger a defendant poses to another person or the property 8 of another if the defendant is not detained pending trial. 9 Notwithstanding any other provision of law, the following 10 pretrial bond amounts shall be presumed: for a class “A” 11 felony, a $500,000 cash bond only; for a class “B” forcible 12 felony, a $25,000 cash bond only; for a class “C” forcible 13 felony, a $10,000 cash bond only; and for a class “D” forcible 14 felony, a $5,000 cash bond only. 15 -2- LSB 5187XS (2) 89 as/rh 2/ 2