HF 2555 (LSB 5503HV (1) 90)

HOUSE FILE 2555

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HF 2038)

A BILL FOR

An Act relating to initial appearance minimum bond amounts for certain criminal offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 804.21, subsection 2, Code 2024, is amended to read as follows:
   2.  a.  Where the offense is bailable, the magistrate shall fix bail giving due consideration to the bail endorsed on the warrant or other conditions stipulated on the warrant for the defendant’s appearance in the court which that issued the warrant; if such person is not released on bail, the magistrate must redeliver the warrant to the officer, and the officer shall retain custody of the arrested person until the person’s removal to appear before the magistrate who issued the warrant.
   b.  The initial minimum bond amount set by the magistrate shall not be less than one hundred thousand dollars for a person arrested in obedience to a warrant for any of the following offenses:
   (1)  Attempted murder under section 707.11.
   (2)  Assault with a weapon under section 708.1.
   (3)  Willful injury under section 708.4, subsection 1.
   (4)  Intimidation with a dangerous weapon under section 708.6, subsection 1.
   (5)  Going armed with intent under section 708.8.
   (6)  Possession by a felon under section 724.26.
    Sec. 2.  Section 804.21, subsection 5, paragraph b, subparagraph (1), Code 2024, is amended to read as follows:
   (1)  The person was arrested for a crime other than a violation of section 707.11, 708.1, 708.4, subsection 1, section 708.6, section 708.8, or 724.26, subsection 1, or a forcible felony, and.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to initial appearance minimum bond amounts for certain criminal offenses.
   The bill provides that the initial minimum bond amount set by the magistrate shall not be less than $100,000 for a person arrested in obedience to a warrant for any of the following offenses: attempted murder under Code section 707.11, assault with a weapon under Code section 708.1, willful injury under Code section 708.4(1), intimidation with a dangerous weapon under Code section 708.6(1), going armed with intent under Code section 708.8, or possession by a felon under Code section 724.26.
   The bill provides that the bond schedule established by the judicial council for release of an arrested person at a time when the courts are not in session shall not be used for a person arrested for a violation of Code section 707.11, 708.1, 708.4(1), 708.6, 708.8, or 724.26(1), or a forcible felony (Code section 702.11).