H.F. 2505 Section 1. Section 804.21, subsections 2 and 4, Code 2026, 1 are amended to read as follows: 2 2. a. Where When the offense is bailable, the magistrate 3 shall fix bail giving due consideration to the bail at the 4 amount endorsed on the warrant or unless the bail set on the 5 warrant is less than that specified on the bond schedule, and 6 shall give due consideration to other conditions stipulated on 7 the warrant for the defendant’s appearance in the court which 8 that issued the warrant; if such person is not released on 9 bail, the magistrate must redeliver the warrant to the officer, 10 and the officer shall retain custody of the arrested person 11 until the person’s removal to appear before the magistrate who 12 issued the warrant. 13 b. In fixing bail, the magistrate shall not set bail at 14 an amount that is less than, or a percentage of, that on 15 the uniform bond schedule, unless the magistrate provides 16 justification, pursuant to section 811.2, subsection 2, for the 17 deviation in writing. 18 4. When the court is not in session, a person arrested and 19 placed in jail may be released on the person’s own recognizance 20 with or without other conditions, by the verbal or written 21 order of a judge or magistrate. The verbal order may be 22 communicated by telephone. The judge or magistrate may issue 23 such order of release only upon the request of an attorney or 24 person believed by the judge or magistrate to be reliable A 25 defendant is only eligible to be released on the defendant’s 26 own recognizance if the defendant has been charged with a 27 nonviolent, nondrug simple or serious misdemeanor . 28 Sec. 2. Section 804.21, subsection 5, paragraph b, Code 29 2026, is amended to read as follows: 30 b. The bond schedule shall not be used unless both the 31 following conditions are met: 32 (1) The if the person was arrested for a crime other than a 33 violation of section 708.6 , section 724.26, subsection 1 , or 34 a forcible felony , and 35 -1- LSB 6846HV (2) 91 as/js 1/ 5

H.F. 2505 (2) The courts are not in session . In determining any 1 conditions of release, a magistrate shall provide justification 2 pursuant to section 811.2, subsection 2, in writing. 3 Sec. 3. Section 804.22, subsection 2, Code 2026, is amended 4 to read as follows: 5 2. a. In determining conditions of release, a magistrate 6 shall not set bail at an amount that is less than, or 7 a percentage of, that on the uniform bond schedule, or 8 otherwise release a defendant, unless the magistrate provides 9 justification pursuant to section 811.2, subsection 2, in 10 writing. 11 b. This section and the rules of criminal procedure do 12 not affect the provisions of chapter 805 authorizing the 13 release of a person on citation or bail prior to initial 14 appearance, unless the person is charged with manufacture, 15 delivery, possession with intent to manufacture or deliver, or 16 distribution of methamphetamine. The initial appearance of a 17 person so released shall be scheduled for a time not more than 18 thirty days after the date of release. 19 Sec. 4. Section 811.1, subsection 2, unnumbered paragraph 20 1, Code 2026, is amended to read as follows: 21 All Except as provided in subsection 3, all defendants 22 are bailable both before and after conviction, by sufficient 23 surety, or subject to release upon condition or on their own 24 recognizance, except that the following defendants shall not be 25 admitted to bail: 26 Sec. 5. Section 811.1, Code 2026, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 3. A defendant is only eligible to be 29 released on the defendant’s own recognizance if the defendant 30 has been charged with a nonviolent, nondrug simple or serious 31 misdemeanor. 32 Sec. 6. Section 811.2, subsection 1, paragraph a, 33 unnumbered paragraph 1, Code 2026, is amended to read as 34 follows: 35 -2- LSB 6846HV (2) 91 as/js 2/ 5

H.F. 2505 All bailable defendants shall be ordered released from 1 custody pending judgment or entry of deferred judgment on 2 their personal recognizance , except as limited by section 3 811.1, subsection 3 , or upon the execution of an unsecured 4 appearance bond in an amount specified by the magistrate unless 5 the magistrate determines in the exercise of the magistrate’s 6 discretion, that such a release will not reasonably assure the 7 appearance of the defendant as required or that release will 8 jeopardize the personal safety of another person or persons. 9 When such determination is made, the magistrate shall, either 10 in lieu of or in addition to the above methods of release, 11 impose the first of the following conditions of release which 12 that will reasonably assure the appearance of the person 13 for trial or deferral of judgment and the safety of other 14 persons, or, if no single condition gives that assurance, any 15 combination of the following conditions: 16 Sec. 7. Section 811.2, subsection 1, paragraph a, 17 subparagraph (3), Code 2026, is amended to read as follows: 18 (3) Require the execution of an appearance bond in a 19 specified amount and the deposit with the clerk of the district 20 court or a public officer designated under section 602.1211, 21 subsection 4 , in cash or other qualified security, of a sum not 22 to exceed ten percent of the amount of the bond, the deposit to 23 be returned to the person who deposited the specified amount 24 with the clerk upon the performance of the appearances as 25 required in section 811.6 . 26 Sec. 8. Section 811.2, subsection 1, Code 2026, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . c. If a pretrial release evaluation is 29 completed by the department of corrections for a magistrate to 30 consider prior to the release of a defendant, the evaluator 31 for the department of corrections must verify all of the 32 information contained in the pretrial release evaluation prior 33 to providing it to the magistrate. 34 Sec. 9. JUDICIAL COUNCIL —— UNIFORM BOND SCHEDULE. The 35 -3- LSB 6846HV (2) 91 as/js 3/ 5

H.F. 2505 judicial council shall revise and update the bond schedule to 1 adjust for inflation since the previous update that became 2 effective on July 1, 2017. The revised bond schedule shall be 3 submitted to the supreme court no later than July 1, 2027. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to bail and bond amounts and conditions. 8 The bill provides that when the offense is bailable, the 9 magistrate shall fix bail at the amount endorsed on the warrant 10 unless the bail set on the warrant is less than that specified 11 on the bond schedule. In fixing bail, the magistrate shall 12 not set bail at an amount that is less than, or a percentage 13 of, that on the uniform bond schedule, unless the magistrate 14 provides justification for the deviation in writing. 15 The bill provides that a defendant is only eligible to be 16 released on the defendant’s own recognizance if the defendant 17 has been charged with a nonviolent, nondrug simple or serious 18 misdemeanor. 19 The bill provides that the bond schedule promulgated by 20 the judicial council shall not be used if the person was 21 arrested for a violation of Code section 708.6 (intimidation 22 with a dangerous weapon), Code section 724.26, subsection 1 23 (possession, receipt, transportation, or dominion and control 24 of firearms, offensive weapons, and ammunition by felons and 25 others), or a forcible felony (Code section 702.11). In 26 determining conditions of release, a magistrate may not set 27 bail at an amount that is less than, or a percentage of, that on 28 the uniform bond schedule, or otherwise release a defendant, 29 unless written justification is provided. Current law provides 30 that the bond schedule for release of an arrested person is 31 only used when court is not is session. 32 The bill removes the restriction that the amount of an 33 appearance bond to be deposited with the clerk may not exceed 34 10 percent of the amount of the bond. 35 -4- LSB 6846HV (2) 91 as/js 4/ 5

H.F. 2505 The bill provides that if a pretrial release evaluation is 1 completed by the department of corrections for a magistrate to 2 consider prior to the release of a defendant, the evaluator 3 for the department of corrections must verify all of the 4 information contained in the pretrial release evaluation prior 5 to providing it to the magistrate. 6 The bill requires the judicial council to revise and update 7 the bond schedule to adjust for inflation since the previous 8 update that became effective on July 1, 2017. The revised bond 9 schedule shall be submitted to the supreme court no later than 10 July 1, 2027. 11 -5- LSB 6846HV (2) 91 as/js 5/ 5