Bill Text: IA SF423 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act requiring certain arrested persons to make an initial appearance before a magistrate prior to release from custody. (Formerly SF 325.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-01-18 - Subcommittee recommends passage. [SF423 Detail]

Download: Iowa-2017-SF423-Introduced.html

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Senate File 423 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SF 325)

                                      A BILL FOR

  1 An Act requiring certain arrested persons to make an initial
  2    appearance before a magistrate prior to release from
  3    custody.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 804.21, subsection 1, Code 2017, is
  1  2 amended to read as follows:
  1  3    1.  A person arrested in obedience to a warrant shall be
  1  4 taken without unnecessary delay before the nearest or most
  1  5 accessible magistrate. The officer shall at the same time
  1  6 deliver to the magistrate the warrant with the officer's return
  1  7 endorsed on it and subscribed by the officer with the officer's
  1  8 official title. However, this section, and sections 804.22
  1  9 and 804.23, do not preclude the release of an arrested person
  1 10 within the period of time the person would otherwise remain
  1 11 incarcerated while waiting to be taken before a magistrate
  1 12 if the release is pursuant to pretrial release guidelines or
  1 13 a bond schedule promulgated by the judicial council, unless
  1 14 the person is charged with manufacture, delivery, possession
  1 15 with intent to manufacture or deliver, or distribution of
  1 16 methamphetamine, or is charged with a criminal offense that
  1 17 includes the use of a firearm as an element of the offense.
  1 18 If, however, a person is released pursuant to pretrial release
  1 19 guidelines, a magistrate must, within twenty=four hours of
  1 20 the release, or as soon as practicable on the next subsequent
  1 21 working day of the court, either approve in writing of the
  1 22 release, or disapprove of the release and issue a warrant for
  1 23 the person's arrest.
  1 24    Sec. 2.  Section 804.22, subsection 2, Code 2017, is amended
  1 25 to read as follows:
  1 26    2.  This section and the rules of criminal procedure do
  1 27 not affect the provisions of chapter 805 authorizing the
  1 28 release of a person on citation or bail prior to initial
  1 29 appearance, unless the person is charged with manufacture,
  1 30 delivery, possession with intent to manufacture or deliver, or
  1 31 distribution of methamphetamine, or is charged with a criminal
  1 32 offense that includes the use of a firearm as an element of the
  1 33 offense. The initial appearance of a person so released shall
  1 34 be scheduled for a time not more than thirty days after the
  1 35 date of release.
  2  1    Sec. 3.  Section 811.2, subsection 3, Code 2017, is amended
  2  2 to read as follows:
  2  3    3.  Release at initial appearance.  This chapter does not
  2  4 preclude the release of an arrested person as authorized
  2  5 by section 804.21, unless the arrested person is charged
  2  6 with manufacture, delivery, possession with the intent to
  2  7 manufacture or deliver, or distribution of methamphetamine, or
  2  8 is charged with a criminal offense that includes the use of a
  2  9 firearm as an element of the offense.
  2 10    Sec. 4.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  2 11 3, shall not apply to this Act.
  2 12                           EXPLANATION
  2 13 The inclusion of this explanation does not constitute agreement with
  2 14 the explanation's substance by the members of the general assembly.
  2 15    This bill requires certain arrested persons to make an
  2 16 initial appearance before a magistrate prior to release from
  2 17 custody.
  2 18    Current law provides that most persons arrested when court
  2 19 is not in session who would otherwise remain incarcerated
  2 20 while waiting to be taken before a magistrate for an initial
  2 21 appearance during the next court session may be released from
  2 22 custody pending an initial appearance before a magistrate
  2 23 pursuant to pretrial release guidelines, or post a bond and
  2 24 be released pursuant to a bond schedule promulgated by the
  2 25 judicial council.
  2 26    The bill requires that a person arrested when court is not
  2 27 in session, and who is charged with a criminal offense that
  2 28 includes the use of a firearm as an element of the offense,
  2 29 shall not be released from custody on pretrial release or be
  2 30 eligible to post a bond and be released pursuant to the bond
  2 31 schedule promulgated by the judicial council until the person
  2 32 makes an initial appearance before a magistrate.
  2 33    The bill may include a state mandate as defined in Code
  2 34 section 25B.3.  The bill makes inapplicable Code section 25B.2,
  2 35 subsection 3, which would relieve a political subdivision from
  3  1 complying with a state mandate if funding for the cost of
  3  2 the state mandate is not provided or specified.  Therefore,
  3  3 political subdivisions are required to comply with any state
  3  4 mandate included in the bill.
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