Bill Text: IA SF233 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to criminal law including the disclosure of a defendant's privileged records, no-contact orders, commencement limitations for certain sexual offenses, sexually predatory offenses, victim rights, discovery, postconviction relief actions, criminal appeals, and pretrial bond amounts for certain felonies.(See SF 525.)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-03-06 - Committee report approving bill, renumbered as SF 525. S.J. 504. [SF233 Detail]

Download: Iowa-2023-SF233-Introduced.html
Senate File 233 - Introduced SENATE FILE 233 BY DAWSON A BILL FOR An Act relating to criminal law including the disclosure 1 of a defendant’s privileged records, no-contact orders, 2 commencement limitations for certain sexual offenses, 3 sexually predatory offenses, victim rights, discovery, 4 postconviction relief actions, criminal appeals, and 5 pretrial bond amounts for certain felonies. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1114XS (5) 90 as/rh
S.F. 233 DIVISION I 1 COMMUNICATIONS IN PROFESSIONAL CONFIDENCE 2 Section 1. Section 622.10, subsection 4, paragraph a, 3 subparagraph (2), Code 2023, is amended by adding the following 4 new subparagraph division: 5 NEW SUBPARAGRAPH DIVISION . (e) As used in this subsection, 6 “exculpatory information” means only information that tends to 7 negate the guilt of the defendant and not information that is 8 merely impeaching or substantially cumulative. 9 DIVISION II 10 NO-CONTACT ORDERS 11 Sec. 2. Section 664A.8, Code 2023, is amended to read as 12 follows: 13 664A.8 Extension of no-contact order. 14 Upon the filing of an application by the state or by the 15 victim of any public offense referred to in section 664A.2, 16 subsection 1 which is filed within ninety days prior to the 17 expiration of a modified no-contact order, the The court shall 18 modify and extend the no-contact order upon the expiration of 19 the no-contact order for an additional period of five years, 20 unless , upon the filing of an application by the defendant 21 within ninety days prior to the expiration of a modified 22 no-contact order, the court finds that the defendant no longer 23 poses a threat to the safety of the victim, persons residing 24 with the victim, or members of the victim’s family. The number 25 of modifications extending the no-contact order permitted 26 by this section is not limited. If the defendant files an 27 application to modify or terminate a no-contact order, the 28 court shall notify the victim at the victim’s last-known 29 address and afford the victim a reasonable opportunity to be 30 heard. 31 DIVISION III 32 LIMITATION OF CRIMINAL ACTIONS INVOLVING CERTAIN SEXUAL 33 OFFENSES 34 Sec. 3. Section 802.2B, Code 2023, is amended by adding the 35 -1- LSB 1114XS (5) 90 as/rh 1/ 14
S.F. 233 following new subsections: 1 NEW SUBSECTION . 5A. Continuous sexual abuse of a child in 2 violation of section 709.23. 3 NEW SUBSECTION . 5B. Kidnapping in the first degree when the 4 person kidnapped, and as a consequence of the kidnapping, is 5 intentionally subjected to sexual abuse in violation of section 6 710.2. 7 NEW SUBSECTION . 5C. Burglary in the first degree in 8 violation of section 713.3, subsection 1, paragraph “d” . 9 Sec. 4. Section 802.2C, Code 2023, is amended to read as 10 follows: 11 802.2C Kidnapping. 12 An information or indictment for kidnapping in the first, 13 second, or third degree , except as provided in section 802.2B, 14 committed on or with a person who is under the age of eighteen 15 years shall be found within ten years after the person upon 16 whom the offense is committed attains eighteen years of age, 17 or if the person against whom the information or indictment 18 is sought is identified through the use of a DNA profile, an 19 information or indictment shall be found within three years 20 from the date the person is identified by the person’s DNA 21 profile, whichever is later. 22 DIVISION IV 23 SEXUALLY PREDATORY OFFENSES 24 Sec. 5. Section 901A.1, subsection 1, paragraph c, Code 25 2023, is amended to read as follows: 26 c. Enticing a minor in violation of section 710.10, 27 subsection 1 or 2 . 28 DIVISION V 29 VICTIM RIGHTS 30 Sec. 6. Section 915.11, subsection 1, Code 2023, is amended 31 to read as follows: 32 1. a. A local police department or county sheriff’s 33 department shall advise a victim of the right to 34 register with the county attorney, and shall provide a 35 -2- LSB 1114XS (5) 90 as/rh 2/ 14
S.F. 233 request-for-registration form to each victim. A local police 1 department or county sheriff’s department shall provide a 2 telephone number and internet site to each victim to register 3 with the automated victim notification system established 4 pursuant to section 915.10A . 5 b. A local police department or county sheriff’s department 6 shall provide a victim with a pamphlet explaining the victim’s 7 rights as a victim of a public offense or delinquent act. 8 Sec. 7. Section 915.38, Code 2023, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 3A. a. It is the public policy of this 11 state that statements made by children to forensic interviewers 12 at child advocacy centers and child protection centers are 13 presumptively reliable and should be admitted into evidence in 14 the courts. 15 b. Notwithstanding any other provision of law, the court may 16 upon motion of a party admit a recorded statement of a child, 17 as defined in section 702.5, if all of the following apply: 18 (1) The recorded statement describes conduct that violates 19 chapter 709. 20 (2) The recorded statement was obtained by a forensic 21 interviewer employed by a child advocacy center or child 22 protection center. 23 (3) The interview was conducted substantially in accordance 24 with a nationally recognized protocol for interviewing 25 children. 26 (4) The recorded statement is offered in a criminal 27 proceeding and any of the following apply: 28 (a) The child testifies at trial. 29 (b) The child has been questioned by the defendant or the 30 defendant’s attorney at a deposition or any substantially 31 similar setting. 32 (c) The child is unavailable as a witness as provided in 33 rule of evidence 5.804(a). 34 (d) The court finds by a preponderance of the evidence that 35 -3- LSB 1114XS (5) 90 as/rh 3/ 14
S.F. 233 the child would suffer significant emotional or psychological 1 trauma from testifying in the personal presence of the 2 defendant at the time of the criminal proceeding. 3 c. A court may deny the admission of a recorded statement 4 under this subsection only if the party opposing the admission 5 proves by clear and convincing evidence that the recorded 6 statement is unreliable. 7 d. Portions of a recorded statement admitted pursuant 8 to this subsection may be redacted under the following 9 circumstances: 10 (1) By agreement of the parties. 11 (2) By order of the court, if the court finds by a 12 preponderance of the evidence that redaction is necessary to 13 either: 14 (a) Minimize embarrassment or trauma to the child. 15 (b) Effectuate a provision of the rules of evidence other 16 than the rules of evidence against hearsay. 17 DIVISION VI 18 DISCOVERY 19 Sec. 8. NEW SECTION . 813A.1 Discovery depositions in 20 criminal actions —— witness list. 21 1. Discovery depositions shall not be permitted in any 22 criminal action except upon application to the court and a 23 showing of exceptional circumstances. 24 2. A criminal defendant shall file a written list of the 25 names and addresses of all witnesses expected to be called for 26 the defense at the time the defendant requests or receives 27 discretionary discovery from the state, the date when any 28 approved deposition is taken, or ten days prior to trial, 29 whichever date is earliest. If the defendant does not disclose 30 to the prosecuting attorney all of the defense witnesses, the 31 court shall order the exclusion of the testimony of any such 32 witnesses, absent good cause shown. 33 3. A person who is not yet a party to a criminal action 34 shall not be permitted to file an application with the court to 35 -4- LSB 1114XS (5) 90 as/rh 4/ 14
S.F. 233 depose another person until such time as the person is charged 1 with or indicted for the associated criminal offense. 2 DIVISION VII 3 POSTCONVICTION RELIEF AND DISCOVERY PROCEDURE 4 Sec. 9. Section 822.7, Code 2023, is amended to read as 5 follows: 6 822.7 Court to hear application. 7 The application shall be heard in, and before any judge 8 of the court in which the conviction or sentence took place. 9 However, if the applicant is seeking relief under section 10 822.2, subsection 1 , paragraph “f” , the application shall be 11 heard in, and before any judge of the court of the county 12 in which the applicant is being confined. A record of the 13 proceedings shall be made and preserved. All rules and 14 statutes applicable in civil proceedings including pretrial 15 and discovery procedures are available to the parties , subject 16 to the restrictions contained in section 822.7A . The court 17 may receive proof of affidavits, depositions, oral testimony, 18 or other evidence, and may order the applicant brought before 19 it for the hearing. If the court finds in favor of the 20 applicant, it shall enter an appropriate order with respect to 21 the conviction or sentence in the former proceedings, and any 22 supplementary orders as to rearraignment, retrial, custody, 23 bail, discharge, correction of sentence, or other matters that 24 may be necessary and proper. The court shall make specific 25 findings of fact, and state expressly its conclusions of law, 26 relating to each issue presented. This order is a final 27 judgment. 28 Sec. 10. NEW SECTION . 822.7A Postconviction relief —— 29 discovery. 30 This chapter is intended to provide a limited scope of 31 discovery that is no broader than what is afforded to a 32 defendant in a criminal action. Notwithstanding any other 33 statute, rule, or law, the following limitations on discovery 34 and procedure shall apply to a claim for postconviction relief 35 -5- LSB 1114XS (5) 90 as/rh 5/ 14
S.F. 233 under this chapter: 1 1. An applicant may conduct discovery only by order of the 2 court to be granted upon a showing that the information sought 3 is reasonably calculated to lead to the discovery of admissible 4 evidence to support or defeat a claim that is adequately 5 pled in the application and, if taken as true, constitutes a 6 colorable claim for relief. 7 2. An applicant shall not be permitted to depose or 8 otherwise conduct discovery involving a victim, as defined in 9 section 915.10, of the underlying public offense, unless the 10 applicant proves all of the following by clear and convincing 11 evidence: 12 a. The evidence is necessary to prove the applicant is 13 innocent of the underlying public offense and all lesser 14 included offenses. 15 b. The information is not available from any other source. 16 c. Contact with a victim is minimized by limitations on 17 the method of discovery including in camera review, remote 18 testimony, or allowing a victim to provide a written statement 19 in lieu of testimony. 20 3. The attorney-client privilege contained in section 21 622.10 shall be absolute, except that the filing of an 22 application shall waive any privilege an applicant may claim 23 regarding an attorney who represented the applicant in the 24 underlying criminal action or any previous postconviction 25 relief action. 26 4. Evidence that would be excluded in a criminal action 27 pursuant to rule of evidence 5.412 shall not be discoverable or 28 admissible in a postconviction relief action. 29 5. The state shall not be required to produce copies 30 of discovery previously disclosed to an applicant in the 31 underlying criminal action or a previous postconviction relief 32 action or which the applicant previously possessed in the 33 underlying criminal action or a previous postconviction relief 34 action. 35 -6- LSB 1114XS (5) 90 as/rh 6/ 14
S.F. 233 6. The state shall not be required to produce any discovery 1 contained in a court file accessible to the applicant. 2 7. The state shall not be required to produce any discovery 3 that cannot lawfully be disseminated or that is otherwise 4 confidential by law. 5 8. An applicant shall not be permitted to conduct discovery 6 or seek the appointment of an expert witness through ex parte 7 communication or an in camera review. 8 DIVISION VIII 9 CRIMINAL APPEALS 10 Sec. 11. Section 814.6, subsection 1, paragraph a, 11 subparagraph (3), Code 2023, is amended to read as follows: 12 (3) A conviction where the defendant has pled guilty. This 13 subparagraph does not apply to a guilty plea for a class “A” 14 felony or in a case where the defendant establishes good cause . 15 Sec. 12. Section 814.6, subsection 2, Code 2023, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . g. A sentence following a guilty plea if 18 the defendant can demonstrate to the appellate court, upon the 19 filing of an application, that the district court more likely 20 than not abused its discretion at sentencing. This paragraph 21 does not apply to a plea agreement, a mandatory sentence, or 22 a sentence entered pursuant to a recommendation made by the 23 defendant or the defendant’s attorney. 24 Sec. 13. NEW SECTION . 814.20A No authority to reverse 25 unpreserved errors. 26 An appellate court shall not vacate a criminal judgment on 27 direct appeal based upon errors that were not preserved at the 28 district court. This limitation includes but is not limited 29 to the requirement that a specific motion for judgment of 30 acquittal be made to preserve a challenge to the sufficiency 31 of the evidence and the requirement that a specific motion in 32 arrest of judgment be made in order to challenge a guilty plea. 33 DIVISION IX 34 PRETRIAL BOND FOR CLASS “A” AND FORCIBLE FELONIES 35 -7- LSB 1114XS (5) 90 as/rh 7/ 14
S.F. 233 Sec. 14. NEW SECTION . 811.1B Pretrial bond amounts for 1 class “A” and forcible felonies. 2 1. It is the policy of this state that, for certain 3 violent offenses, a court setting bond must give significant 4 consideration to the danger a defendant poses to another person 5 or the property of another if the defendant is not detained 6 pending trial. This consideration is in addition to all others 7 recognized by law, including but not limited to the bond amount 8 necessary to secure the defendant’s appearance. 9 2. a. When probable cause for an offense is found by 10 the magistrate, or the district court has found the minutes 11 supporting an indictment or information are sufficient to 12 support a conviction if unexplained, and after considering the 13 conditions for release as provided in section 811.2, subsection 14 2, and making a finding on the record, the following shall be 15 presumed to be the minimum pretrial bond amounts for each count 16 charged, notwithstanding any other provision of law: 17 (1) For a class “A” felony, a five hundred thousand dollar 18 bond. 19 (2) For a class “B” forcible felony, a twenty-five thousand 20 dollar bond. 21 (3) For a class “C” forcible felony, a ten thousand dollar 22 bond. 23 (4) For a class “D” forcible felony, a five thousand dollar 24 bond. 25 b. The court shall require the execution of a bail bond 26 with sufficient surety, or the deposit of cash in lieu of bond. 27 However, except as provided in section 811.1, bail initially 28 given remains valid until final disposition of the offense or 29 entry of an order deferring judgment. If the amount of bail 30 is deemed insufficient by the court before whom the offense 31 is pending, the court may order an increase of bail and the 32 defendant must provide the additional undertaking, written or 33 in cash, to secure release. 34 3. The presumption contained in this section is rebuttable 35 -8- LSB 1114XS (5) 90 as/rh 8/ 14
S.F. 233 only upon a showing by the defendant, by a preponderance of 1 evidence, that the defendant is not a danger to another person 2 or the property of another if not detained pending trial. 3 4. As with other bond reviews, a determination under this 4 section made by a magistrate is reviewable by a district 5 court judge or a district associate judge having original 6 jurisdiction of the offense with which the defendant is charged 7 pursuant to section 811.2, subsection 7, paragraph “a” , while a 8 determination made by a district court judge is only reviewable 9 by the appellate court pursuant to section 811.2, subsection 10 7, paragraph “b” . 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to criminal law including the disclosure 15 of a defendant’s privileged records, no-contact orders, 16 commencement limitations for certain sexual offenses, sexually 17 predatory offenses, victim rights, discovery, postconviction 18 relief actions, criminal appeals, and pretrial bond amounts for 19 certain felonies. 20 DIVISION I —— COMMUNICATIONS IN PROFESSIONAL CONFIDENCE. 21 Under current law, a practicing attorney, counselor, physician, 22 surgeon, physician assistant, advanced registered nurse 23 practitioner, mental health professional, or the stenographer 24 or confidential clerk of any such person, who obtains 25 information by reason of the person’s employment, or a member 26 of the clergy, shall not be allowed, in giving testimony, to 27 disclose any confidential communication properly entrusted to 28 the person. Except as otherwise provided, the confidentiality 29 privilege shall be absolute with regard to a criminal action 30 and Code section 622.10 shall not be construed to authorize or 31 require the disclosure of any privileged records to a defendant 32 in a criminal action unless either the privilege holder waives 33 the confidentiality privilege or the defendant seeking access 34 to privileged records files a motion demonstrating in good 35 -9- LSB 1114XS (5) 90 as/rh 9/ 14
S.F. 233 faith a reasonable probability that the information sought is 1 likely to contain exculpatory information that is not available 2 from any other source and for which there is a compelling need 3 for the defendant to present a defense in the case. The bill 4 defines “exculpatory information” to mean only information that 5 tends to negate the guilt of the defendant and not information 6 that is merely impeaching or substantially cumulative. 7 DIVISION II —— NO-CONTACT ORDERS. Current law provides that 8 upon the filing of an application by the state or by the victim 9 of any public offense, the court shall modify and extend the 10 no-contact order for an additional period of five years, unless 11 the court finds that the defendant no longer poses a threat to 12 the safety of the victim, persons residing with the victim, or 13 members of the victim’s family. 14 The bill provides that the court shall modify and extend the 15 no-contact order upon the expiration of the no-contact order 16 for an additional period of 5 years, unless, upon the filing 17 of an application by the defendant within 90 days prior to the 18 expiration of a modified no-contact order, the court finds 19 that the defendant no longer poses a threat to the safety of 20 the victim, persons residing with the victim, or members of 21 the victim’s family. If the defendant files an application to 22 modify or terminate a no-contact order, the court shall notify 23 the victim at the victim’s last known address and afford the 24 victim a reasonable opportunity to be heard. 25 DIVISION III —— LIMITATION OF CRIMINAL ACTIONS INVOLVING 26 CERTAIN SEXUAL OFFENSES. The bill adds the following offenses 27 to the list of offenses committed on or with a person under 28 the age of 18 that may be commenced at any time: continuous 29 sexual abuse of a child in violation of Code section 709.23; 30 kidnapping in the first degree when the person kidnapped, as a 31 consequence of the kidnapping, is intentionally subjected to 32 sexual abuse in violation of Code section 710.2; and burglary 33 in the first degree involving the performance of a sex act in 34 violation of Code section 713.3(1)(d). 35 -10- LSB 1114XS (5) 90 as/rh 10/ 14
S.F. 233 DIVISION IV —— SEXUALLY PREDATORY OFFENSES. The bill 1 adds a violation of Code section 710.10(2) to the list of 2 violations that constitute a “sexually predatory offense”. 3 That subsection provides that a person commits a class “D” 4 felony when, without authority and with the intent to commit an 5 illegal sex act upon or sexual exploitation of a minor under 6 the age of 16, the person entices or attempts to entice a 7 person reasonably believed to be under the age of 16. 8 DIVISION V —— VICTIM RIGHTS. The bill provides that a local 9 police department or county sheriff’s department shall provide 10 a victim with a pamphlet explaining the victim’s rights as a 11 victim of a public offense or delinquent act. 12 The bill provides that it is the public policy of the state 13 that statements made by children to forensic interviewers 14 at child advocacy centers and child protection centers are 15 presumptively reliable and should be admitted into evidence 16 in the courts. Notwithstanding any other provision of law, 17 a court shall admit a recorded statement into evidence upon 18 motion by a party if the recorded statement is made by a child 19 under the age of 14 years; the recorded statement describes 20 conduct that violates Code chapter 709 (sexual abuse); the 21 recorded statement was obtained by a forensic interviewer 22 employed by an accredited child advocacy center or child 23 protection center; the interview was conducted substantially 24 in accordance with a nationally recognized protocol for 25 interviewing children; and if offered in a criminal proceeding, 26 the child testifies at trial, the child has been questioned by 27 the defendant or the defendant’s attorney at a deposition or 28 any substantially similar setting, the child is unavailable 29 as a witness, or the court finds by a preponderance of the 30 evidence that the child would suffer significant emotional or 31 psychological trauma from testifying in the personal presence 32 of the defendant at the time of the criminal proceeding. 33 The bill provides that a court may deny admission of a 34 recorded statement only if the party opposing admission proves 35 -11- LSB 1114XS (5) 90 as/rh 11/ 14
S.F. 233 by clear and convincing evidence that the recorded statement is 1 unreliable. Portions of a recorded statement may be redacted 2 by agreement of the parties, by order of the court, or if the 3 court finds by a preponderance of the evidence that redaction 4 is necessary to either minimize embarrassment or trauma to 5 the child or to effectuate a provision of the Iowa rules of 6 evidence other than the rules of evidence against hearsay. 7 DIVISION VI —— DISCOVERY. The bill provides that discovery 8 depositions shall not be permitted in any criminal action 9 except upon application to the court and a showing of 10 exceptional circumstances. 11 The bill provides that a criminal defendant shall file 12 a written list of all witnesses expected to be called for 13 the defense at the time the defendant requests or receives 14 discretionary discovery from the state, the date when any 15 approved deposition is taken, or 10 days prior to trial, 16 whichever date is earliest. If the defendant does not disclose 17 to the prosecuting attorney all of the defense witnesses, the 18 court shall order the exclusion of the testimony of any such 19 witnesses, absent good cause shown. 20 The bill provides that a person who is not yet a party to a 21 criminal action shall not be permitted to file an application 22 with the court to depose another person until such time as the 23 person is charged with or indicted for the associated criminal 24 offense. 25 DIVISION VII —— POSTCONVICTION RELIEF AND DISCOVERY 26 PROCEDURE. The bill provides that all rules and statutes 27 applicable in civil proceedings are available to the parties 28 in a postconviction relief action subject to the restrictions 29 contained in new Code section 822.7A. New Code section 30 822.7A provides that Code chapter 822 (postconviction relief 31 procedure) is intended to provide a limited scope of discovery 32 that is no broader than what is afforded to a defendant in a 33 criminal action. The following limitations on discovery and 34 procedure shall apply to any postconviction relief action under 35 -12- LSB 1114XS (5) 90 as/rh 12/ 14
S.F. 233 Code chapter 822: an applicant may conduct discovery only 1 by order of the court to be granted upon a showing that the 2 information sought is reasonably calculated to lead to the 3 discovery of admissible evidence to support or defeat a claim 4 that is adequately pled in the application and, if taken as 5 true, makes a colorable claim for relief; an applicant shall 6 not be permitted to depose or otherwise conduct discovery 7 involving a victim unless the applicant proves that the 8 evidence is necessary to prove the applicant is innocent of the 9 underlying public offense and all lesser included offenses, 10 the information is not available from any other source, and 11 contact with a victim is minimized by limitations on the 12 method of discovery; the attorney-client privilege shall be 13 absolute, except that the filing of an application waives any 14 privilege the applicant may claim regarding an attorney who 15 represented the applicant in the underlying criminal action 16 or any previous postconviction relief action; evidence that 17 would be excluded in a criminal action pursuant to Iowa rule 18 of evidence 5.412 shall not be discoverable or admissible in a 19 postconviction relief action; the state shall not be required 20 to produce copies of discovery that was previously disclosed to 21 an applicant in the underlying criminal action or a previous 22 postconviction relief action or which was possessed by the 23 applicant in the underlying criminal action or a previous 24 postconviction relief action; the state shall not be required 25 to produce any discovery contained in a court file accessible 26 to the applicant; the state shall not be required to produce 27 any discovery that cannot lawfully be disseminated or that is 28 otherwise made confidential by law; and an applicant shall not 29 be permitted to conduct discovery or seek the appointment of 30 an expert witness through ex parte communication or in camera 31 review. 32 DIVISION VIII —— CRIMINAL APPEALS. The bill provides 33 that discretionary review for an appeal may be available 34 for a sentence following a guilty plea if the defendant can 35 -13- LSB 1114XS (5) 90 as/rh 13/ 14
S.F. 233 demonstrate to the appellate court that the district court more 1 likely than not abused its discretion at sentencing, but does 2 not apply in cases of a plea agreement, a mandatory sentence, 3 or a sentence entered pursuant to a recommendation made by the 4 defendant or the defendant’s attorney. 5 The bill provides that an appellate court shall not vacate a 6 criminal judgment on direct appeal based upon errors that were 7 not preserved at the district court. This limitation includes 8 but is not limited to the requirement that a specific motion 9 for judgment of acquittal be made to preserve a challenge 10 to the sufficiency of the evidence and the requirement that 11 a specific motion in arrest of judgment be made in order to 12 challenge a guilty plea. 13 DIVISION IX —— PRETRIAL BOND FOR CLASS “A” AND FORCIBLE 14 FELONIES. The bill provides that for certain violent offenses, 15 a court setting bond must give significant consideration 16 to the danger a defendant poses to another person or the 17 property of another if the defendant is not detained pending 18 trial. When probable cause for an offense has been found 19 by a magistrate, or the district court has found the minutes 20 supporting an indictment or information to be sufficient, and 21 after considering conditions for release under Code section 22 811.2 (bail and bail restrictions) and making a finding on 23 the record, the following shall be presumed to be the minimum 24 pretrial bond amounts for each count charged notwithstanding 25 any other provision of law: for a class “A” felony, a $500,000 26 bond; for a class “B” forcible felony, a $25,000 bond; for a 27 class “C” forcible felony, a $10,000 bond; and for a class “D” 28 forcible felony, a $5,000 bond. 29 The bill provides that the court shall require the execution 30 of a bail bond with sufficient surety or the deposit of cash in 31 lieu of bond. 32 -14- LSB 1114XS (5) 90 as/rh 14/ 14
feedback