Senate File 2399 - Reprinted SENATE FILE 2399 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3162) (As Amended and Passed by the Senate February 25, 2026 ) A BILL FOR An Act relating to pretrial bond amounts for certain felonies. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 SF 2399 (2) 91 as/js/mb

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, the following shall be presumed to be the minimum pretrial 15 bond amounts for each count charged, notwithstanding any other 16 provision of law: 17 (1) For a class “A” felony, a five hundred thousand dollar 18 bond. 19 (2) For a class “B” forcible felony, a twenty-five thousand 20 dollar bond. 21 (3) For a class “C” forcible felony, a ten thousand dollar 22 bond. 23 (4) For a class “D” forcible felony, a five thousand dollar 24 bond. 25 b. The bond amounts in paragraph “a” shall be presumed 26 reasonable, subject to adjustment based upon the factors 27 in section 811.2. In determining conditions of release, 28 the court shall not set bail at an amount that is less than 29 the bond amounts in paragraph “a” unless the court provides 30 justification pursuant to section 811.2, subsection 2, in 31 writing. The bond schedule shall be adjusted annually to 32 account for inflation. 33 c. The court shall require the execution of a bail bond 34 with sufficient surety, or the deposit of cash in lieu of bond. 35 -1- SF 2399 (2) 91 as/js/mb 1/ 3

S.F. 2399 However, except as provided in section 811.1, bail initially 1 given remains valid until final disposition of the offense or 2 entry of an order deferring judgment. If the amount of bail 3 is deemed insufficient by the court before whom the offense 4 is pending, the court may order an increase of bail and the 5 defendant must provide the additional undertaking, as a surety 6 bond or in cash, to secure release. 7 3. The presumption established in subsection 2, paragraph 8 “b” , may be rebutted upon a showing that the presumptive bond 9 amount is greater than necessary to reasonably assure the 10 defendant’s appearance or the safety of another person or the 11 property of another, after consideration of the factors set 12 forth in section 811.2. In determining whether the presumption 13 has been rebutted, the court shall make findings on the 14 record addressing the basis for any adjustment to the bond 15 amount. In cases involving a violent crime, the court shall 16 give substantial weight to the safety of the victim and the 17 community. 18 4. As with other bond reviews, a determination under this 19 section made by a magistrate is reviewable by a district 20 court judge or a district associate judge having original 21 jurisdiction of the offense with which the defendant is charged 22 pursuant to section 811.2, subsection 7, paragraph “a” , while a 23 determination made by a district court judge is only reviewable 24 by the appellate court pursuant to section 811.2, subsection 25 7, paragraph “b” . 26 Sec. 2. Section 811.2, subsection 1, paragraph a, 27 subparagraph (3), Code 2026, is amended to read as follows: 28 (3) Require the execution of an appearance bond in a 29 specified amount and the deposit with the clerk of the district 30 court or a public officer designated under section 602.1211, 31 subsection 4 , in cash or other qualified security, of a sum not 32 to exceed ten percent of the amount of the bond, the deposit to 33 be returned to the person who deposited the specified amount 34 with the clerk upon the performance of the appearances as 35 -2- SF 2399 (2) 91 as/js/mb 2/ 3

S.F. 2399 required in section 811.6 . 1 Sec. 3. Section 811.2, subsection 1, Code 2026, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . c. If a pretrial release evaluation is 4 completed by the department of corrections for a magistrate to 5 consider prior to the release of a defendant, the evaluator 6 for the department of corrections must verify all of the 7 information contained in the pretrial release evaluation prior 8 to providing it to the magistrate. 9 Sec. 4. JUDICIAL COUNCIL —— UNIFORM BOND SCHEDULE. The 10 judicial council shall revise and update the bond schedule to 11 adjust for inflation since the previous update that became 12 effective on July 1, 2017. The revised bond schedule shall be 13 submitted to the supreme court no later than July 1, 2027, and 14 shall be adjusted annually thereafter. 15 -3- SF 2399 (2) 91 as/js/mb 3/ 3