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Senate Study Bill 1008 - IntroducedA Bill ForAn Act 1relating to restrictions on bailable defendants charged
2with homicide by motor vehicle.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 811.2, subsection 1, Code 2019, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. c. Any bailable defendant who is charged
4with unintentionally causing the death of another by operating
5a motor vehicle in violation of section 707.6A, subsection 1
6or 2, and who is ordered released shall, as a condition of
7that release, be prohibited from operating a motor vehicle,
8be placed under supervision, and be required to surrender the
9defendant’s driver’s license to the sheriff of the county in
10which the defendant is charged if the defendant has not already
11surrendered the license to the department of transportation
12pursuant to section 321.210D.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill provides that any bailable defendant who is
17charged with unintentionally causing the death of another
18by operating a motor vehicle in violation of Code section
19707.6A(1) (operating-while-intoxicated) or Code section
20707.6A(2) (reckless driving or eluding law enforcement)
21and who is ordered released shall, as a condition of that
22release, be prohibited from operating a motor vehicle, be
23placed under supervision, and be required to surrender the
24defendant’s driver’s license to the sheriff of the county in
25which the defendant is charged if the defendant has not already
26surrendered the license to the department of transportation.
27Under Code section 811.1, a defendant is not bailable if the
28defendant is awaiting judgment of conviction and sentencing
29following either a plea or verdict of guilty for a charge
30under Code section 707.6A(1) or if the defendant is appealing
31a conviction for a violation of Code section 707.6A(1)
32or 707.6A(2). Therefore, the bill does not apply to such
33defendants.
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2with homicide by motor vehicle.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 811.2, subsection 1, Code 2019, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. c. Any bailable defendant who is charged
4with unintentionally causing the death of another by operating
5a motor vehicle in violation of section 707.6A, subsection 1
6or 2, and who is ordered released shall, as a condition of
7that release, be prohibited from operating a motor vehicle,
8be placed under supervision, and be required to surrender the
9defendant’s driver’s license to the sheriff of the county in
10which the defendant is charged if the defendant has not already
11surrendered the license to the department of transportation
12pursuant to section 321.210D.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill provides that any bailable defendant who is
17charged with unintentionally causing the death of another
18by operating a motor vehicle in violation of Code section
19707.6A(1) (operating-while-intoxicated) or Code section
20707.6A(2) (reckless driving or eluding law enforcement)
21and who is ordered released shall, as a condition of that
22release, be prohibited from operating a motor vehicle, be
23placed under supervision, and be required to surrender the
24defendant’s driver’s license to the sheriff of the county in
25which the defendant is charged if the defendant has not already
26surrendered the license to the department of transportation.
27Under Code section 811.1, a defendant is not bailable if the
28defendant is awaiting judgment of conviction and sentencing
29following either a plea or verdict of guilty for a charge
30under Code section 707.6A(1) or if the defendant is appealing
31a conviction for a violation of Code section 707.6A(1)
32or 707.6A(2). Therefore, the bill does not apply to such
33defendants.
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