House File 424 - Reprinted HOUSE FILE 424 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 68) (As Amended and Passed by the House February 16, 2021 ) A BILL FOR An Act relating to the forfeiture of bail. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 HF 424 (5) 89 as/rh/md
H.F. 424 Section 1. Section 602.8102, subsection 131, Code 2021, is 1 amended to read as follows: 2 131. Hold the amount of forfeiture and judgment of bail 3 in the clerk’s office for ninety one hundred fifty days as 4 provided in section 811.6 . 5 Sec. 2. Section 811.6, subsections 2 and 3, Code 2021, are 6 amended to read as follows: 7 2. Where a forfeiture and judgment have been entered as 8 provided in this section , and the amount of the judgment has 9 been paid to the clerk, the clerk shall hold the same as funds 10 of the clerk’s office for a period of ninety one hundred fifty 11 days from the date of judgment. 12 3. a. The court may, upon application, set aside such 13 judgment if, within ninety one hundred fifty days from the date 14 of the judgment, the any of the following occur: 15 (1) The defendant shall voluntarily surrender surrenders to 16 the sheriff of the county , or the . 17 (2) The defendant’s sureties shall , at their own expense, 18 deliver the defendant or facilitate delivery of the defendant 19 to the custody of the sheriff. Such 20 (3) The court determines, upon consideration of all 21 circumstances, that setting aside the judgment is warranted. 22 b. A judgment shall not be set aside , however, under 23 this subsection unless as a condition precedent thereto, the 24 defendant and the defendant’s sureties shall have paid all 25 costs and expenses incurred in connection therewith with the 26 judgment . 27 -1- HF 424 (5) 89 as/rh/md 1/ 1