House
File
2038
-
Introduced
HOUSE
FILE
2038
BY
VONDRAN
A
BILL
FOR
An
Act
relating
to
initial
appearance
minimum
bond
amounts
for
1
certain
criminal
offenses.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2038
Section
1.
Section
804.21,
subsection
2,
Code
2024,
is
1
amended
to
read
as
follows:
2
2.
a.
Where
the
offense
is
bailable,
the
magistrate
shall
3
fix
bail
giving
due
consideration
to
the
bail
endorsed
on
the
4
warrant
or
other
conditions
stipulated
on
the
warrant
for
the
5
defendant’s
appearance
in
the
court
which
that
issued
the
6
warrant;
if
such
person
is
not
released
on
bail,
the
magistrate
7
must
redeliver
the
warrant
to
the
officer,
and
the
officer
8
shall
retain
custody
of
the
arrested
person
until
the
person’s
9
removal
to
appear
before
the
magistrate
who
issued
the
warrant.
10
b.
The
initial
minimum
bond
amount
set
by
the
magistrate
11
shall
not
be
less
than
one
hundred
thousand
dollars
for
a
12
person
arrested
in
obedience
to
a
warrant
for
any
of
the
13
following
offenses:
14
(1)
Attempted
murder
under
section
707.11.
15
(2)
Assault
with
a
weapon
under
section
708.1.
16
(3)
Willful
injury
under
section
708.4,
subsection
1.
17
(4)
Intimidation
with
a
dangerous
weapon
under
section
18
708.6,
subsection
1.
19
(5)
Going
armed
with
intent
under
section
708.8.
20
(6)
Possession
by
a
felon
under
section
724.26.
21
Sec.
2.
Section
804.21,
subsection
5,
paragraph
b,
22
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
23
(1)
The
person
was
arrested
for
a
crime
other
than
a
24
violation
of
section
707.11,
708.1,
708.4,
subsection
1,
25
section
708.6
,
section
708.8,
or
724.26,
subsection
1
,
or
a
26
forcible
felony
,
and
.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
initial
appearance
minimum
bond
amounts
31
for
certain
criminal
offenses.
32
The
bill
provides
that
the
initial
minimum
bond
amount
set
33
by
the
magistrate
shall
not
be
less
than
$100,000
for
a
person
34
arrested
in
obedience
to
a
warrant
for
any
of
the
following
35
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2038
offenses:
attempted
murder
under
Code
section
707.11,
assault
1
with
a
weapon
under
Code
section
708.1,
willful
injury
under
2
Code
section
708.4(1),
intimidation
with
a
dangerous
weapon
3
under
Code
section
708.6(1),
going
armed
with
intent
under
Code
4
section
708.8,
or
possession
by
a
felon
under
Code
section
5
724.26.
6
The
bill
provides
that
the
bond
schedule
established
by
the
7
judicial
council
for
release
of
an
arrested
person
at
a
time
8
when
the
courts
are
not
in
session
shall
not
be
used
for
a
9
person
arrested
for
a
violation
of
Code
section
707.11,
708.1,
10
708.4(1),
708.6,
708.8,
or
724.26(1),
or
a
forcible
felony
11
(Code
section
702.11).
12
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