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Senate File 2090 - IntroducedA Bill ForAn Act 1relating to pretrial bond amounts for certain felonies.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 811.1B Pretrial bond amounts for
2class “A” and forcible felonies.
31. It is the policy of this state that, for certain
4violent offenses, a court setting bond must give significant
5consideration to the danger a defendant poses to another person
6or the property of another if the defendant is not detained
7pending trial. This consideration is in addition to all others
8recognized by law, including but not limited to the bond amount
9necessary to secure the defendant’s appearance.
102. When probable cause for an offense is found by the
11magistrate, or the district court has found the minutes
12supporting an indictment or information are sufficient to
13warrant conviction if unexplained, the following pretrial
14bond amounts shall be presumed for each count charged,
15notwithstanding any other provision of law:
16a. For a class “A” felony, a five hundred thousand dollar
17cash bond only.
18b. For a class “B” forcible felony, a twenty-five thousand
19dollar cash bond only.
20c. For a class “C” forcible felony, a ten thousand dollar
21cash bond only.
22d. For a class “D” forcible felony, a five thousand dollar
23cash bond only.
243. The presumption contained in this section is rebuttable
25only upon a showing by the defendant, by a preponderance of
26evidence, that the defendant is not a danger to another person
27or the property of another if not detained pending trial.
284. As with other bond reviews, a determination under this
29section made by a magistrate is reviewable by a district
30court judge or a district associate judge having original
31jurisdiction of the offense with which the defendant is charged
32pursuant to section 811.2, subsection 7, paragraph “a”, while a
33determination made by a district court judge is only reviewable
34by the appellate court pursuant to section 811.2, subsection
357, paragraph “b”.
-1-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to pretrial bond amounts for certain
5felonies.
6The bill provides that for certain violent offenses, a
7court setting bond must give significant consideration to the
8danger a defendant poses to another person or the property
9of another if the defendant is not detained pending trial.
10Notwithstanding any other provision of law, the following
11pretrial bond amounts shall be presumed: for a class “A”
12felony, a $500,000 cash bond only; for a class “B” forcible
13felony, a $25,000 cash bond only; for a class “C” forcible
14felony, a $10,000 cash bond only; and for a class “D” forcible
15felony, a $5,000 cash bond only.
-2-as/rh
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 811.1B Pretrial bond amounts for
2class “A” and forcible felonies.
31. It is the policy of this state that, for certain
4violent offenses, a court setting bond must give significant
5consideration to the danger a defendant poses to another person
6or the property of another if the defendant is not detained
7pending trial. This consideration is in addition to all others
8recognized by law, including but not limited to the bond amount
9necessary to secure the defendant’s appearance.
102. When probable cause for an offense is found by the
11magistrate, or the district court has found the minutes
12supporting an indictment or information are sufficient to
13warrant conviction if unexplained, the following pretrial
14bond amounts shall be presumed for each count charged,
15notwithstanding any other provision of law:
16a. For a class “A” felony, a five hundred thousand dollar
17cash bond only.
18b. For a class “B” forcible felony, a twenty-five thousand
19dollar cash bond only.
20c. For a class “C” forcible felony, a ten thousand dollar
21cash bond only.
22d. For a class “D” forcible felony, a five thousand dollar
23cash bond only.
243. The presumption contained in this section is rebuttable
25only upon a showing by the defendant, by a preponderance of
26evidence, that the defendant is not a danger to another person
27or the property of another if not detained pending trial.
284. As with other bond reviews, a determination under this
29section made by a magistrate is reviewable by a district
30court judge or a district associate judge having original
31jurisdiction of the offense with which the defendant is charged
32pursuant to section 811.2, subsection 7, paragraph “a”, while a
33determination made by a district court judge is only reviewable
34by the appellate court pursuant to section 811.2, subsection
357, paragraph “b”.
-1-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to pretrial bond amounts for certain
5felonies.
6The bill provides that for certain violent offenses, a
7court setting bond must give significant consideration to the
8danger a defendant poses to another person or the property
9of another if the defendant is not detained pending trial.
10Notwithstanding any other provision of law, the following
11pretrial bond amounts shall be presumed: for a class “A”
12felony, a $500,000 cash bond only; for a class “B” forcible
13felony, a $25,000 cash bond only; for a class “C” forcible
14felony, a $10,000 cash bond only; and for a class “D” forcible
15felony, a $5,000 cash bond only.
-2-as/rh