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Senate Study Bill 1038 - IntroducedA Bill ForAn Act 1relating to the forfeiture of bail.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 811.6, subsection 3, Code 2021, is
2amended to read as follows:
33. a. The court may, upon application, set aside such
4judgment if, within ninety one hundred fifty days from the date
5of the judgment, the any of the following occur:
6(1) Thedefendant shall voluntarily surrender surrenders to
7the sheriff of the county, or the.
8(2) Thedefendant’s sureties shall, at their own expense,
9deliver the defendant or facilitate delivery of the defendant
10 to the custody of the sheriff. Such
11(3) The court determines, upon consideration of all
12circumstances, that setting aside the judgment is warranted.
13b. Ajudgment shall not be set aside, however, under
14this subsection unless as a condition precedent thereto, the
15defendant and the defendant’s sureties shall have paid all
16costs and expenses incurred in connection therewith with the
17judgment.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the forfeiture of bail.
22The bill provides that a court may, upon application, set
23aside a judgment forfeiting a defendant’s bail if, within 150
24days from the date of the judgment, the defendant voluntarily
25surrenders to the sheriff of the county; the defendant’s
26sureties, at their own expense, deliver the defendant or
27facilitate delivery of the defendant to the custody of the
28sheriff; or if the court determines, upon consideration of all
29circumstances, that setting aside the judgment is warranted.
30Under current law, a judgment forfeiting bail shall not be
31set aside unless the defendant and the defendant’s sureties
32have paid all costs and expenses incurred.
-1-as/rh
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 811.6, subsection 3, Code 2021, is
2amended to read as follows:
33. a. The court may, upon application, set aside such
4judgment if, within ninety one hundred fifty days from the date
5of the judgment, the any of the following occur:
6(1) Thedefendant shall voluntarily surrender surrenders to
7the sheriff of the county, or the.
8(2) Thedefendant’s sureties shall, at their own expense,
9deliver the defendant or facilitate delivery of the defendant
10 to the custody of the sheriff. Such
11(3) The court determines, upon consideration of all
12circumstances, that setting aside the judgment is warranted.
13b. Ajudgment shall not be set aside, however, under
14this subsection unless as a condition precedent thereto, the
15defendant and the defendant’s sureties shall have paid all
16costs and expenses incurred in connection therewith with the
17judgment.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the forfeiture of bail.
22The bill provides that a court may, upon application, set
23aside a judgment forfeiting a defendant’s bail if, within 150
24days from the date of the judgment, the defendant voluntarily
25surrenders to the sheriff of the county; the defendant’s
26sureties, at their own expense, deliver the defendant or
27facilitate delivery of the defendant to the custody of the
28sheriff; or if the court determines, upon consideration of all
29circumstances, that setting aside the judgment is warranted.
30Under current law, a judgment forfeiting bail shall not be
31set aside unless the defendant and the defendant’s sureties
32have paid all costs and expenses incurred.
-1-as/rh