Iowa-2021-SSB1038-Introduced

S.F. _____ Section 1. Section 811.6, subsection 3, Code 2021, is 1 amended to read as follows: 2 3. a. The court may, upon application, set aside such 3 judgment if, within ninety one hundred fifty days from the date 4 of the judgment, the any of the following occur: 5 (1) The defendant shall voluntarily surrender surrenders to 6 the sheriff of the county , or the . 7 (2) The defendant’s sureties shall , at their own expense, 8 deliver the defendant or facilitate delivery of the defendant 9 to the custody of the sheriff. Such 10 (3) The court determines, upon consideration of all 11 circumstances, that setting aside the judgment is warranted. 12 b. A judgment shall not be set aside , however, under 13 this subsection unless as a condition precedent thereto, the 14 defendant and the defendant’s sureties shall have paid all 15 costs and expenses incurred in connection therewith with the 16 judgment . 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to the forfeiture of bail. 21 The bill provides that a court may, upon application, set 22 aside a judgment forfeiting a defendant’s bail if, within 150 23 days from the date of the judgment, the defendant voluntarily 24 surrenders to the sheriff of the county; the defendant’s 25 sureties, at their own expense, deliver the defendant or 26 facilitate delivery of the defendant to the custody of the 27 sheriff; or if the court determines, upon consideration of all 28 circumstances, that setting aside the judgment is warranted. 29 Under current law, a judgment forfeiting bail shall not be 30 set aside unless the defendant and the defendant’s sureties 31 have paid all costs and expenses incurred. 32 -1- LSB 1919XC (1) 89 as/rh 1/ 1