What changed in SF 2399

0 passages reworded, 30 added and 12 removed; 1 of 43 unchanged.

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Compares wording only. The printed bills also mark changes to existing law with strikes and underlines, which aren’t shown here.

Section 1.

NEW SECTION. 811.1B Pretrial bond amounts for class “A” and forcible felonies.

1. It is the policy of this state that, for certain violent offenses, a court setting bond must give significant consideration to the danger a defendant poses to another person or the property of another if the defendant is not detained pending trial. This consideration is in addition to all others recognized by law, including but not limited to the bond amount necessary to secure the defendant’s appearance.

Section 1. Section 804.21, subsections 2 and 4, Code 2026, are amended to read as follows:

2.

a. Where When the offense is bailable, the magistrate shall fix bail giving due consideration to the bail at the amount endorsed on the warrant or unless the bail set on the warrant is less than that specified on the bond schedule, and shall give due consideration to other conditions stipulated on the warrant for the defendant’s appearance in the court which that issued the warrant; if such person is not released on bail, the magistrate must redeliver the warrant to the officer, and the officer shall retain custody of the arrested person until the person’s removal to appear before the magistrate who issued the warrant.

b. In fixing bail, the magistrate shall not set bail at an amount that is less than, or a percentage of, that on the uniform bond schedule, unless the magistrate provides justification, pursuant to section 811.2, subsection 2, for the deviation in writing.

4. When the court is not in session, a person arrested and placed in jail may be released on the person’s own recognizance with or without other conditions, by the verbal or written order of a judge or magistrate. The verbal order may be communicated by telephone. The judge or magistrate may issue such order of release only upon the request of an attorney or person believed by the judge or magistrate to be reliable A defendant is only eligible to be released on the defendant’s own recognizance if the defendant has been charged with a nonviolent, nondrug simple or serious misdemeanor or to receive necessary medical attention. A defendant released for necessary medical attention shall be returned to the custody of a law enforcement agency once the defendant is medically cleared and fit for confinement.

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2. Section 804.21, subsection 5, paragraph b, Code 2026, is amended to read as follows:

b. The bond schedule shall not be used unless both the following conditions are met:

(1) The if the person was arrested for a crime other than a violation of section 708.6, section 724.26, subsection 1, or a forcible felony, and (2) The courts are not in session. In determining any conditions of release, a magistrate shall provide justification pursuant to section 811.2, subsection 2, in writing.

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3. Section 804.22, subsection 2, Code 2026, is amended to read as follows:

2.

a. In determining conditions of release, a magistrate shall not set bail at an amount that is less than, or a percentage of, that on the uniform bond schedule, or otherwise release a defendant, unless the magistrate provides justification pursuant to section 811.2, subsection 2, in writing.

b. This section and the rules of criminal procedure do not affect the provisions of chapter 805 authorizing the release of a person on citation or bail prior to initial appearance, unless the person is charged with manufacture, delivery, possession with intent to manufacture or deliver, or distribution of methamphetamine. The initial appearance of a person so released shall be scheduled for a time not more than thirty days after the date of release.

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4. Section 811.1, subsection 2, unnumbered paragraph 1, Code 2026, is amended to read as follows: All Except as provided in subsection 3, all defendants are bailable both before and after conviction, by sufficient surety, or subject to release upon condition or on their own recognizance, except that the following defendants shall not be admitted to bail:

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5. Section 811.1, Code 2026, is amended by adding the following new subsection:

NEW SUBSECTION.

3. A defendant is only eligible to be released on the defendant’s own recognizance if the defendant has been charged with a nonviolent, nondrug simple or serious misdemeanor.

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6. Section 811.2, subsection 1, paragraph a, unnumbered paragraph 1, Code 2026, is amended to read as follows: All bailable defendants shall be ordered released from custody pending judgment or entry of deferred judgment on their personal recognizance, except as limited by section 811.1, subsection 3, or upon the execution of an unsecured appearance bond in an amount specified by the magistrate unless the magistrate determines in the exercise of the magistrate’s discretion, that such a release will not reasonably assure the appearance of the defendant as required or that release will jeopardize the personal safety of another person or persons. When such determination is made, the magistrate shall, either in lieu of or in addition to the above methods of release, impose the first of the following conditions of release which that will reasonably assure the appearance of the person for trial or deferral of judgment and the safety of other persons, or, if no single condition gives that assurance, any combination of the following conditions:

a. When probable cause for an offense is found by the magistrate, or the district court has found the minutes supporting an indictment or information are sufficient to support a conviction if unexplained, and after considering the conditions for release as provided in section 811.2, subsection 2, and making findings on the record regarding the defendant’s financial resources and ability to post bail, the following shall be presumed to be the minimum pretrial bond amounts for each count charged, notwithstanding any other provision of law:

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(1) For a class “A” felony, a five hundred thousand dollar bond.

7. Section 811.2, subsection 1, paragraph a, subparagraph (3), Code 2026, is amended to read as follows:

(2) For a class “B” forcible felony, a twenty-five thousand dollar bond.

(3) Require the execution of an appearance bond in a specified amount and the deposit with the clerk of the district court or a public officer designated under section 602.1211, subsection 4, in cash or other qualified security, of a sum not to exceed ten percent of the amount of the bond, the deposit to be returned to the person who deposited the specified amount with the clerk upon the performance of the appearances as required in section 811.6.

(3) For a class “C” forcible felony, a ten thousand dollar bond.

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(4) For a class “D” forcible felony, a five thousand dollar bond.

8. Section 811.2, subsection 1, Code 2026, is amended by adding the following new paragraph:

b. The bond amounts in paragraph “a” shall be presumed reasonable, subject to adjustment based upon the defendant’s ability and the factors in section 811.2.

NEW PARAGRAPH.

c. The court shall require the execution of a bail bond with sufficient surety, or the deposit of cash in lieu of bond. However, except as provided in section 811.1, bail initially given remains valid until final disposition of the offense or entry of an order deferring judgment. If the amount of bail is deemed insufficient by the court before whom the offense is pending, the court may order an increase of bail and the defendant must provide the additional undertaking, written or in cash, to secure release.

c. If a pretrial release evaluation is completed by the department of corrections for a magistrate to consider prior to the release of a defendant, the evaluator for the department of corrections must verify all of the information contained in the pretrial release evaluation prior to providing it to the magistrate.

3. The presumption established in subsection 2, paragraph “b”, may be rebutted upon a showing that the presumptive bond amount is greater than necessary to reasonably assure the defendant’s appearance or the safety of another person or the property of another, after consideration of the factors set forth in section 811.2 and the defendant’s ability to pay. In determining whether the presumption has been rebutted, the court shall make findings on the record addressing the basis for any adjustment to the bond amount. In cases involving a violent crime, the court shall give substantial weight to the safety of the victim and the community.

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4. As with other bond reviews, a determination under this section made by a magistrate is reviewable by a district court judge or a district associate judge having original jurisdiction of the offense with which the defendant is charged pursuant to section 811.2, subsection 7, paragraph “a”, while a determination made by a district court judge is only reviewable by the appellate court pursuant to section 811.2, subsection 7, paragraph “b”.

9. JUDICIAL COUNCIL —— UNIFORM BOND SCHEDULE. The judicial council shall revise and update the bond schedule to adjust for inflation since the previous update that became effective on July 1, 2017. The revised bond schedule shall be submitted to the supreme court no later than July 1, 2027.