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Senate File 2332 - 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. a. When probable cause for an offense is found by
11the magistrate, or the district court has found the minutes
12supporting an indictment or information are sufficient to
13support a conviction if unexplained, and after considering the
14conditions for release as provided in section 811.2, subsection
152, and making a finding on the record, the following shall be
16presumed to be the minimum pretrial bond amounts for each count
17charged, notwithstanding any other provision of law:
18(1) For a class “A” felony, a five hundred thousand dollar
19bond.
20(2) For a class “B” forcible felony, a twenty-five thousand
21dollar bond.
22(3) For a class “C” forcible felony, a ten thousand dollar
23bond.
24(4) For a class “D” forcible felony, a five thousand dollar
25bond.
26b. The court shall require the execution of a bail bond
27with sufficient surety, or the deposit of cash in lieu of bond.
28However, except as provided in section 811.1, bail initially
29given remains valid until final disposition of the offense or
30entry of an order deferring judgment. If the amount of bail
31is deemed insufficient by the court before whom the offense
32is pending, the court may order an increase of bail and the
33defendant must provide the additional undertaking, written or
34in cash, to secure release.
353. The presumption contained in this section is rebuttable
-1-1only upon a showing by the defendant, by a preponderance of
2evidence, that the defendant is not a danger to another person
3or the property of another if not detained pending trial.
44. As with other bond reviews, a determination under this
5section made by a magistrate is reviewable by a district
6court judge or a district associate judge having original
7jurisdiction of the offense with which the defendant is charged
8pursuant to section 811.2, subsection 7, paragraph “a”, while a
9determination made by a district court judge is only reviewable
10by the appellate court pursuant to section 811.2, subsection
117, paragraph “b”.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to pretrial bond amounts for certain
16felonies.
17The bill provides that for certain violent offenses, a court
18setting bond must give significant consideration to the danger
19a defendant poses to another person or the property of another
20if the defendant is not detained pending trial. When probable
21cause for an offense has been found by a magistrate, or the
22district court has found the minutes supporting an indictment
23or information to be sufficient, and after considering
24conditions for release under Code section 811.2 (bail and bail
25restrictions) and making a finding on the record, the following
26shall be presumed to be the minimum pretrial bond amounts for
27each count charged notwithstanding any other provision of
28law: for a class “A” felony, a $500,000 bond; for a class
29“B” forcible felony, a $25,000 bond; for a class “C” forcible
30felony, a $10,000 bond; and for a class “D” forcible felony,
31a $5,000 bond.
32The bill provides that the court shall require the execution
33of a bail bond with sufficient surety, or the deposit of cash
34in lieu of bond.
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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. a. When probable cause for an offense is found by
11the magistrate, or the district court has found the minutes
12supporting an indictment or information are sufficient to
13support a conviction if unexplained, and after considering the
14conditions for release as provided in section 811.2, subsection
152, and making a finding on the record, the following shall be
16presumed to be the minimum pretrial bond amounts for each count
17charged, notwithstanding any other provision of law:
18(1) For a class “A” felony, a five hundred thousand dollar
19bond.
20(2) For a class “B” forcible felony, a twenty-five thousand
21dollar bond.
22(3) For a class “C” forcible felony, a ten thousand dollar
23bond.
24(4) For a class “D” forcible felony, a five thousand dollar
25bond.
26b. The court shall require the execution of a bail bond
27with sufficient surety, or the deposit of cash in lieu of bond.
28However, except as provided in section 811.1, bail initially
29given remains valid until final disposition of the offense or
30entry of an order deferring judgment. If the amount of bail
31is deemed insufficient by the court before whom the offense
32is pending, the court may order an increase of bail and the
33defendant must provide the additional undertaking, written or
34in cash, to secure release.
353. The presumption contained in this section is rebuttable
-1-1only upon a showing by the defendant, by a preponderance of
2evidence, that the defendant is not a danger to another person
3or the property of another if not detained pending trial.
44. As with other bond reviews, a determination under this
5section made by a magistrate is reviewable by a district
6court judge or a district associate judge having original
7jurisdiction of the offense with which the defendant is charged
8pursuant to section 811.2, subsection 7, paragraph “a”, while a
9determination made by a district court judge is only reviewable
10by the appellate court pursuant to section 811.2, subsection
117, paragraph “b”.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to pretrial bond amounts for certain
16felonies.
17The bill provides that for certain violent offenses, a court
18setting bond must give significant consideration to the danger
19a defendant poses to another person or the property of another
20if the defendant is not detained pending trial. When probable
21cause for an offense has been found by a magistrate, or the
22district court has found the minutes supporting an indictment
23or information to be sufficient, and after considering
24conditions for release under Code section 811.2 (bail and bail
25restrictions) and making a finding on the record, the following
26shall be presumed to be the minimum pretrial bond amounts for
27each count charged notwithstanding any other provision of
28law: for a class “A” felony, a $500,000 bond; for a class
29“B” forcible felony, a $25,000 bond; for a class “C” forcible
30felony, a $10,000 bond; and for a class “D” forcible felony,
31a $5,000 bond.
32The bill provides that the court shall require the execution
33of a bail bond with sufficient surety, or the deposit of cash
34in lieu of bond.
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