Bill Text: IA SF2090 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to pretrial bond amounts for certain felonies.(See SF 2332.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-17 - Committee report approving bill, renumbered as SF 2332. S.J. 328. [SF2090 Detail]
Download: Iowa-2021-SF2090-Introduced.html
Senate
File
2090
-
Introduced
SENATE
FILE
2090
BY
DAWSON
A
BILL
FOR
An
Act
relating
to
pretrial
bond
amounts
for
certain
felonies.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
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.
When
probable
cause
for
an
offense
is
found
by
the
10
magistrate,
or
the
district
court
has
found
the
minutes
11
supporting
an
indictment
or
information
are
sufficient
to
12
warrant
conviction
if
unexplained,
the
following
pretrial
13
bond
amounts
shall
be
presumed
for
each
count
charged,
14
notwithstanding
any
other
provision
of
law:
15
a.
For
a
class
“A”
felony,
a
five
hundred
thousand
dollar
16
cash
bond
only.
17
b.
For
a
class
“B”
forcible
felony,
a
twenty-five
thousand
18
dollar
cash
bond
only.
19
c.
For
a
class
“C”
forcible
felony,
a
ten
thousand
dollar
20
cash
bond
only.
21
d.
For
a
class
“D”
forcible
felony,
a
five
thousand
dollar
22
cash
bond
only.
23
3.
The
presumption
contained
in
this
section
is
rebuttable
24
only
upon
a
showing
by
the
defendant,
by
a
preponderance
of
25
evidence,
that
the
defendant
is
not
a
danger
to
another
person
26
or
the
property
of
another
if
not
detained
pending
trial.
27
4.
As
with
other
bond
reviews,
a
determination
under
this
28
section
made
by
a
magistrate
is
reviewable
by
a
district
29
court
judge
or
a
district
associate
judge
having
original
30
jurisdiction
of
the
offense
with
which
the
defendant
is
charged
31
pursuant
to
section
811.2,
subsection
7,
paragraph
“a”
,
while
a
32
determination
made
by
a
district
court
judge
is
only
reviewable
33
by
the
appellate
court
pursuant
to
section
811.2,
subsection
34
7,
paragraph
“b”
.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
pretrial
bond
amounts
for
certain
4
felonies.
5
The
bill
provides
that
for
certain
violent
offenses,
a
6
court
setting
bond
must
give
significant
consideration
to
the
7
danger
a
defendant
poses
to
another
person
or
the
property
8
of
another
if
the
defendant
is
not
detained
pending
trial.
9
Notwithstanding
any
other
provision
of
law,
the
following
10
pretrial
bond
amounts
shall
be
presumed:
for
a
class
“A”
11
felony,
a
$500,000
cash
bond
only;
for
a
class
“B”
forcible
12
felony,
a
$25,000
cash
bond
only;
for
a
class
“C”
forcible
13
felony,
a
$10,000
cash
bond
only;
and
for
a
class
“D”
forcible
14
felony,
a
$5,000
cash
bond
only.
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