SSB 3162 (LSB 5634XC (4) 91)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SCHULTZ)

A BILL FOR

An Act relating to pretrial bond amounts for certain felonies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  811.1B  Pretrial bond amounts for class “A” and forcible felonies.
   1.  It is the policy of this state that, for certain violent offenses, a court setting bond must give significant consideration to the danger a defendant poses to another person or the property of another if the defendant is not detained pending trial. This consideration is in addition to all others recognized by law, including but not limited to the bond amount necessary to secure the defendant’s appearance.
   2.  a.  When probable cause for an offense is found by the magistrate, or the district court has found the minutes supporting an indictment or information are sufficient to support a conviction if unexplained, and after considering the conditions for release as provided in section 811.2, subsection 2, and making findings on the record regarding the defendant’s financial resources and ability to post bail, the following shall be presumed to be the minimum pretrial bond amounts for each count charged, notwithstanding any other provision of law:
   (1)  For a class “A” felony, a five hundred thousand dollar bond.
   (2)  For a class “B” forcible felony, a twenty-five thousand dollar bond.
   (3)  For a class “C” forcible felony, a ten thousand dollar bond.
   (4)  For a class “D” forcible felony, a five thousand dollar bond.
   b.  The bond amounts in paragraph “a” shall be presumed reasonable, subject to adjustment based upon the defendant’s ability and the factors in section 811.2.
   c.  The court shall require the execution of a bail bond with sufficient surety, or the deposit of cash in lieu of bond. However, except as provided in section 811.1, bail initially given remains valid until final disposition of the offense or entry of an order deferring judgment. If the amount of bail is deemed insufficient by the court before whom the offense is pending, the court may order an increase of bail and the defendant must provide the additional undertaking, written or in cash, to secure release.
   3.  The presumption established in subsection 2, paragraph “b”, may be rebutted upon a showing that the presumptive bond amount is greater than necessary to reasonably assure the defendant’s appearance or the safety of another person or the property of another, after consideration of the factors set forth in section 811.2 and the defendant’s ability to pay. In determining whether the presumption has been rebutted, the court shall make findings on the record addressing the basis for any adjustment to the bond amount. In cases involving a violent crime, the court shall give substantial weight to the safety of the victim and the community.
   4.  As with other bond reviews, a determination under this section made by a magistrate is reviewable by a district court judge or a district associate judge having original jurisdiction of the offense with which the defendant is charged pursuant to section 811.2, subsection 7, paragraph “a”, while a determination made by a district court judge is only reviewable by the appellate court pursuant to section 811.2, subsection 7, paragraph “b”.
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 pretrial bond amounts for certain felonies.
   The bill provides that for certain violent offenses, a court setting bond must give significant consideration to the danger a defendant poses to another person or the property of another if the defendant is not detained pending trial. When probable cause for an offense has been found by a magistrate, or the district court has found the minutes supporting an indictment or information to be sufficient, and after considering conditions for release under Code section 811.2 (bail and bail restrictions) and making findings on the record regarding the defendant’s financial resources and ability to post bail, the following shall be presumed to be the minimum pretrial bond amounts for each count charged notwithstanding any other provision of law: for a class “A” felony, a $500,000 bond; for a class “B” forcible felony, a $25,000 bond; for a class “C” forcible felony, a $10,000 bond; and for a class “D” forcible felony, a $5,000 bond.
   The bill provides that the court shall require the execution of a bail bond with sufficient surety, or the deposit of cash in lieu of bond.
   The bill provides that the bond amounts in the bill are presumed to be reasonable, but the presumption may be rebutted upon a showing that the presumptive bond amount is greater than necessary to reasonably assure the defendant’s appearance or the safety of another person or the property of another, after consideration of the factors set forth in Code section 811.2 and the defendant’s ability to pay.