S.F. 2399 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 findings on the record regarding the defendant’s 15 financial resources and ability to post bail, the following 16 shall be presumed to be the minimum pretrial bond amounts for 17 each count charged, notwithstanding any other provision of law: 18 (1) For a class “A” felony, a five hundred thousand dollar 19 bond. 20 (2) For a class “B” forcible felony, a twenty-five thousand 21 dollar bond. 22 (3) For a class “C” forcible felony, a ten thousand dollar 23 bond. 24 (4) For a class “D” forcible felony, a five thousand dollar 25 bond. 26 b. The bond amounts in paragraph “a” shall be presumed 27 reasonable, subject to adjustment based upon the defendant’s 28 ability and the factors in section 811.2. 29 c. The court shall require the execution of a bail bond 30 with sufficient surety, or the deposit of cash in lieu of bond. 31 However, except as provided in section 811.1, bail initially 32 given remains valid until final disposition of the offense or 33 entry of an order deferring judgment. If the amount of bail 34 is deemed insufficient by the court before whom the offense 35 -1- LSB 5634SV (1) 91 as/js 1/ 3

S.F. 2399 is pending, the court may order an increase of bail and the 1 defendant must provide the additional undertaking, written or 2 in cash, to secure release. 3 3. The presumption established in subsection 2, paragraph 4 “b” , may be rebutted upon a showing that the presumptive bond 5 amount is greater than necessary to reasonably assure the 6 defendant’s appearance or the safety of another person or the 7 property of another, after consideration of the factors set 8 forth in section 811.2 and the defendant’s ability to pay. In 9 determining whether the presumption has been rebutted, the 10 court shall make findings on the record addressing the basis 11 for any adjustment to the bond amount. In cases involving a 12 violent crime, the court shall give substantial weight to the 13 safety of the victim and the community. 14 4. As with other bond reviews, a determination under this 15 section made by a magistrate is reviewable by a district 16 court judge or a district associate judge having original 17 jurisdiction of the offense with which the defendant is charged 18 pursuant to section 811.2, subsection 7, paragraph “a” , while a 19 determination made by a district court judge is only reviewable 20 by the appellate court pursuant to section 811.2, subsection 21 7, paragraph “b” . 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to pretrial bond amounts for certain 26 felonies. 27 The bill provides that for certain violent offenses, a court 28 setting bond must give significant consideration to the danger 29 a defendant poses to another person or the property of another 30 if the defendant is not detained pending trial. When probable 31 cause for an offense has been found by a magistrate, or the 32 district court has found the minutes supporting an indictment 33 or information to be sufficient, and after considering 34 conditions for release under Code section 811.2 (bail and bail 35 -2- LSB 5634SV (1) 91 as/js 2/ 3

S.F. 2399 restrictions) and making findings on the record regarding the 1 defendant’s financial resources and ability to post bail, 2 the following shall be presumed to be the minimum pretrial 3 bond amounts for each count charged notwithstanding any other 4 provision of law: for a class “A” felony, a $500,000 bond; for 5 a class “B” forcible felony, a $25,000 bond; for a class “C” 6 forcible felony, a $10,000 bond; and for a class “D” forcible 7 felony, a $5,000 bond. 8 The bill provides that the court shall require the execution 9 of a bail bond with sufficient surety, or the deposit of cash 10 in lieu of bond. 11 The bill provides that the bond amounts in the bill are 12 presumed to be reasonable, but the presumption may be rebutted 13 upon a showing that the presumptive bond amount is greater than 14 necessary to reasonably assure the defendant’s appearance or 15 the safety of another person or the property of another, after 16 consideration of the factors set forth in Code section 811.2 17 and the defendant’s ability to pay. 18 -3- LSB 5634SV (1) 91 as/js 3/ 3