Senate File 63 - Introduced SENATE FILE 63 BY MATHIS A BILL FOR An Act relating to the determination of conditions for pretrial 1 release of a defendant. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1029XS (2) 89 as/rh
S.F. 63 Section 1. Section 811.2, subsection 2, Code 2021, is 1 amended to read as follows: 2 2. Determination of conditions. In determining which 3 conditions of release will reasonably assure the defendant’s 4 appearance and the safety of another person or persons, the 5 magistrate shall may , on the basis of available information, 6 take into account the nature and circumstances of the offense 7 charged, the defendant’s family ties, employment, financial 8 resources, character and mental condition, the length of the 9 defendant’s residence in the community, the defendant’s record 10 of convictions, including the defendant’s failure to pay any 11 fine, surcharge, or court costs, and the defendant’s record 12 of appearance at court proceedings or of flight to avoid 13 prosecution or failure to appear at court proceedings. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to the determination of conditions for 18 pretrial release of a defendant. 19 Current Code section 811.2(2) requires the magistrate, in 20 determining which conditions of release will reasonably assure 21 a bailable defendant’s appearance and the safety of another 22 person or persons, after release from custody pending judgment 23 or entry of deferred judgment, to take into account the nature 24 and circumstances of the offense charged, the defendant’s 25 family ties, employment, financial resources, character and 26 mental condition, the length of the defendant’s residence in 27 the community, the defendant’s record of convictions, including 28 the defendant’s failure to pay any fine, surcharge, or court 29 costs, and the defendant’s record of appearance at court 30 proceedings or of flight to avoid prosecution or failure to 31 appear at court proceedings. 32 The bill strikes the defendant’s failure to pay any fine, 33 surcharge, or court costs from the elements that a magistrate 34 may consider in determining which conditions of release will 35 -1- LSB 1029XS (2) 89 as/rh 1/ 2
S.F. 63 reasonably assure the defendant’s appearance and the safety 1 of another person or persons. Current law provides that 2 the magistrate shall consider, on the basis of available 3 information, all the elements listed. 4 -2- LSB 1029XS (2) 89 as/rh 2/ 2