Bill Text: IA SF254 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the forfeiture of bail.(Formerly SSB 1038.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-04-07 - Withdrawn. S.J. 805. [SF254 Detail]
Download: Iowa-2021-SF254-Introduced.html
Senate
File
254
-
Introduced
SENATE
FILE
254
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1038)
A
BILL
FOR
An
Act
relating
to
the
forfeiture
of
bail.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
602.8102,
subsection
131,
Code
2021,
is
1
amended
to
read
as
follows:
2
131.
Hold
the
amount
of
forfeiture
and
judgment
of
bail
3
in
the
clerk’s
office
for
ninety
one
hundred
fifty
days
as
4
provided
in
section
811.6
.
5
Sec.
2.
Section
811.6,
subsections
2
and
3,
Code
2021,
are
6
amended
to
read
as
follows:
7
2.
Where
a
forfeiture
and
judgment
have
been
entered
as
8
provided
in
this
section
,
and
the
amount
of
the
judgment
has
9
been
paid
to
the
clerk,
the
clerk
shall
hold
the
same
as
funds
10
of
the
clerk’s
office
for
a
period
of
ninety
one
hundred
fifty
11
days
from
the
date
of
judgment.
12
3.
a.
The
court
may,
upon
application,
set
aside
such
13
judgment
if,
within
ninety
one
hundred
fifty
days
from
the
date
14
of
the
judgment,
the
any
of
the
following
occur:
15
(1)
The
defendant
shall
voluntarily
surrender
surrenders
to
16
the
sheriff
of
the
county
,
or
the
.
17
(2)
The
defendant’s
sureties
shall
,
at
their
own
expense,
18
deliver
the
defendant
or
facilitate
delivery
of
the
defendant
19
to
the
custody
of
the
sheriff.
Such
20
(3)
The
court
determines,
upon
consideration
of
all
21
circumstances,
that
setting
aside
the
judgment
is
warranted.
22
b.
A
judgment
shall
not
be
set
aside
,
however,
under
23
this
subsection
unless
as
a
condition
precedent
thereto,
the
24
defendant
and
the
defendant’s
sureties
shall
have
paid
all
25
costs
and
expenses
incurred
in
connection
therewith
with
the
26
judgment
.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
the
forfeiture
of
bail.
31
The
bill
provides
that
where
a
forfeiture
and
judgment
has
32
been
entered
and
the
amount
of
the
judgment
has
been
paid
to
33
the
clerk
of
the
district
court,
the
clerk
shall
hold
the
funds
34
as
funds
of
the
clerk’s
office
for
a
period
of
150
days
from
the
35
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date
of
judgment.
1
The
bill
provides
that
a
court
may,
upon
application,
set
2
aside
a
judgment
forfeiting
a
defendant’s
bail
if,
within
150
3
days
from
the
date
of
the
judgment,
the
defendant
voluntarily
4
surrenders
to
the
sheriff
of
the
county;
the
defendant’s
5
sureties,
at
their
own
expense,
deliver
the
defendant
or
6
facilitate
delivery
of
the
defendant
to
the
custody
of
the
7
sheriff;
or
the
court
determines,
upon
consideration
of
all
8
circumstances,
that
setting
aside
the
judgment
is
warranted.
9
Under
current
law,
a
judgment
forfeiting
bail
shall
not
be
10
set
aside
unless
the
defendant
and
the
defendant’s
sureties
11
have
paid
all
costs
and
expenses
incurred.
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