Bill Text: IA HSB68 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the forfeiture of bail.(See HF 424.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-04 - Committee report, recommending amendment and passage. H.J. 300. [HSB68 Detail]
Download: Iowa-2021-HSB68-Introduced.html
House
Study
Bill
68
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
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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1738YC
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_____
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
twenty
days
from
the
4
date
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
120
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
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