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Senate File 254 - 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 602.8102, subsection 131, Code 2021, is
2amended to read as follows:
3131. Hold the amount of forfeiture and judgment of bail
4in the clerk’s office for ninety one hundred fifty days as
5provided in section 811.6.
6 Sec. 2. Section 811.6, subsections 2 and 3, Code 2021, are
7amended to read as follows:
82. Where a forfeiture and judgment have been entered as
9provided in this section, and the amount of the judgment has
10been paid to the clerk, the clerk shall hold the same as funds
11of the clerk’s office for a period of ninety one hundred fifty
12 days from the date of judgment.
133. a. The court may, upon application, set aside such
14judgment if, within ninety one hundred fifty days from the date
15of the judgment, the any of the following occur:
16(1) Thedefendant shall voluntarily surrender surrenders to
17the sheriff of the county, or the.
18(2) Thedefendant’s sureties shall, at their own expense,
19deliver the defendant or facilitate delivery of the defendant
20 to the custody of the sheriff. Such
21(3) The court determines, upon consideration of all
22circumstances, that setting aside the judgment is warranted.
23b. Ajudgment shall not be set aside, however, under
24this subsection unless as a condition precedent thereto, the
25defendant and the defendant’s sureties shall have paid all
26costs and expenses incurred in connection therewith with the
27judgment.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to the forfeiture of bail.
32The bill provides that where a forfeiture and judgment has
33been entered and the amount of the judgment has been paid to
34the clerk of the district court, the clerk shall hold the funds
35as funds of the clerk’s office for a period of 150 days from the
-1-1date of judgment.
2The bill provides that a court may, upon application, set
3aside a judgment forfeiting a defendant’s bail if, within 150
4days from the date of the judgment, the defendant voluntarily
5surrenders to the sheriff of the county; the defendant’s
6sureties, at their own expense, deliver the defendant or
7facilitate delivery of the defendant to the custody of the
8sheriff; or the court determines, upon consideration of all
9circumstances, that setting aside the judgment is warranted.
10Under current law, a judgment forfeiting bail shall not be
11set aside unless the defendant and the defendant’s sureties
12have paid all costs and expenses incurred.
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2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 602.8102, subsection 131, Code 2021, is
2amended to read as follows:
3131. Hold the amount of forfeiture and judgment of bail
4in the clerk’s office for ninety one hundred fifty days as
5provided in section 811.6.
6 Sec. 2. Section 811.6, subsections 2 and 3, Code 2021, are
7amended to read as follows:
82. Where a forfeiture and judgment have been entered as
9provided in this section, and the amount of the judgment has
10been paid to the clerk, the clerk shall hold the same as funds
11of the clerk’s office for a period of ninety one hundred fifty
12 days from the date of judgment.
133. a. The court may, upon application, set aside such
14judgment if, within ninety one hundred fifty days from the date
15of the judgment, the any of the following occur:
16(1) Thedefendant shall voluntarily surrender surrenders to
17the sheriff of the county, or the.
18(2) Thedefendant’s sureties shall, at their own expense,
19deliver the defendant or facilitate delivery of the defendant
20 to the custody of the sheriff. Such
21(3) The court determines, upon consideration of all
22circumstances, that setting aside the judgment is warranted.
23b. Ajudgment shall not be set aside, however, under
24this subsection unless as a condition precedent thereto, the
25defendant and the defendant’s sureties shall have paid all
26costs and expenses incurred in connection therewith with the
27judgment.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to the forfeiture of bail.
32The bill provides that where a forfeiture and judgment has
33been entered and the amount of the judgment has been paid to
34the clerk of the district court, the clerk shall hold the funds
35as funds of the clerk’s office for a period of 150 days from the
-1-1date of judgment.
2The bill provides that a court may, upon application, set
3aside a judgment forfeiting a defendant’s bail if, within 150
4days from the date of the judgment, the defendant voluntarily
5surrenders to the sheriff of the county; the defendant’s
6sureties, at their own expense, deliver the defendant or
7facilitate delivery of the defendant to the custody of the
8sheriff; or the court determines, upon consideration of all
9circumstances, that setting aside the judgment is warranted.
10Under current law, a judgment forfeiting bail shall not be
11set aside unless the defendant and the defendant’s sureties
12have paid all costs and expenses incurred.
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