Senate File 2332 - Introduced SENATE FILE 2332 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2090) 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 5187SV (2) 89 as/rh

S.F. 2332 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. a. When probable cause for an offense is found by 10 the magistrate, or the district court has found the minutes 11 supporting an indictment or information are sufficient to 12 support a conviction if unexplained, and after considering the 13 conditions for release as provided in section 811.2, subsection 14 2, and making a finding on the record, the following shall be 15 presumed to be the minimum pretrial bond amounts for each count 16 charged, notwithstanding any other provision of law: 17 (1) For a class “A” felony, a five hundred thousand dollar 18 bond. 19 (2) For a class “B” forcible felony, a twenty-five thousand 20 dollar bond. 21 (3) For a class “C” forcible felony, a ten thousand dollar 22 bond. 23 (4) For a class “D” forcible felony, a five thousand dollar 24 bond. 25 b. The court shall require the execution of a bail bond 26 with sufficient surety, or the deposit of cash in lieu of bond. 27 However, except as provided in section 811.1, bail initially 28 given remains valid until final disposition of the offense or 29 entry of an order deferring judgment. If the amount of bail 30 is deemed insufficient by the court before whom the offense 31 is pending, the court may order an increase of bail and the 32 defendant must provide the additional undertaking, written or 33 in cash, to secure release. 34 3. The presumption contained in this section is rebuttable 35 -1- LSB 5187SV (2) 89 as/rh 1/ 2

S.F. 2332 only upon a showing by the defendant, by a preponderance of 1 evidence, that the defendant is not a danger to another person 2 or the property of another if not detained pending trial. 3 4. As with other bond reviews, a determination under this 4 section made by a magistrate is reviewable by a district 5 court judge or a district associate judge having original 6 jurisdiction of the offense with which the defendant is charged 7 pursuant to section 811.2, subsection 7, paragraph “a” , while a 8 determination made by a district court judge is only reviewable 9 by the appellate court pursuant to section 811.2, subsection 10 7, paragraph “b” . 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to pretrial bond amounts for certain 15 felonies. 16 The bill provides that for certain violent offenses, a court 17 setting bond must give significant consideration to the danger 18 a defendant poses to another person or the property of another 19 if the defendant is not detained pending trial. When probable 20 cause for an offense has been found by a magistrate, or the 21 district court has found the minutes supporting an indictment 22 or information to be sufficient, and after considering 23 conditions for release under Code section 811.2 (bail and bail 24 restrictions) and making a finding on the record, the following 25 shall be presumed to be the minimum pretrial bond amounts for 26 each count charged notwithstanding any other provision of 27 law: for a class “A” felony, a $500,000 bond; for a class 28 “B” forcible felony, a $25,000 bond; for a class “C” forcible 29 felony, a $10,000 bond; and for a class “D” forcible felony, 30 a $5,000 bond. 31 The bill provides that the court shall require the execution 32 of a bail bond with sufficient surety, or the deposit of cash 33 in lieu of bond. 34 -2- LSB 5187SV (2) 89 as/rh 2/ 2