SF 2399 — A bill for an act relating to bail and bond amounts and conditions.

KimSenate ReynoldsFile O2399 f- fEnrolled iSenate cFile e2399 oAN fACT tRELATING hTO eBAIL GAND oBOND vAMOUNTS eAND rCONDITIONS. n o r Chris C o u r n o y e r G O V E R N O R L T G O V E R N O R June02,2026 The Honorable Paul Pate SecretaryofStateofIowa StateCapitol Des Moines,Iowa 50319 DearMr.Secretary, Iherebytransmit:

SenateFile2399,anActrelatingtobailandBE bondIT amountsandENACTED conditions.BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

The aboveSenateFileisherebyapprovedonthisdate.

Sincerely, Kim Reynojfls Govemor ofIowa cc:

SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES,IOWA 50319 515.281.5211 WWW.GOVERNOR.IOWA.GOV n BIGHT ^ir^ininmiinmiiiiiiiiiiniiinnmi W L L M A I N T A J G E N K R A i .

a s s i :

m b i a S e n a t e F2 3 9 9 A NA C T R E L A T I N G T O B A I LA M O U N T S A N D C O N D I T I O N S , BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

Section 804.21, subsections 2 and 4, Code 2026, aare ramended eto a m e t o read aas sfollows: f o l l o w s :

2,2. Where When the offense is bailable, the magistrate shall fix bail giving due conaidoration to the bail at the amount endorsed on the warrant ©*• 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;

ifa. 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 t h w a r r a n t .

b»Where InWhen fixingthe bail,offense is bailable, the magistrate shall notfix setbail giving due consideration to the bail at anthe amount thatendorsed ison lessthe than,warrant or aunless percentagethe of,bail thatset on the uniformwarrant bondis schedule,less unlessthan that specified on the magistratebond providesschedule, justification,and pursuantshall give due consideration to sectionother 811.2,conditions subsectionstipulated 2,on the warrant for the deviationdefendant’s appearance in writing.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.

When the court is not in aeooion,session, a person arrested and placed in jail may bobe rGloasodreleased on the person'sperson’s own recognigancerecognizance with or without other conditions, by the verbal or written order of a judge or magiatrato.—Themagistrate. verbal order Senate File 2399, p.

2The mayverbal be communicatGd by telephone.—The judge or magistrate may ioouo such order ofSenate rolcaoGFile only2399, uponp. the roquoat of an attorney or person bGlicvGd by the judge or magistrate to bo 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 f i t foc o n f i n e m e n t .

2 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 .

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

Code 2026, is amended to read as follows:

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

-(-i-)—The(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 -(-3^—The(2) The courts are not in session.

Section 804.22, subsection 2, Code 2026, is amended tto oreadread aas sfollows: f o l l o w s :

a»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.

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.

4,4. Section 811.1, subsection 2, unnumbered paragraph , Code 2026, is amended to read as follows:

AiiSection Except811.1, assubsection provided2, inunnumbered subsectionparagraph 3,1, allCode defendants2026, Senateis Fileamended 2399,to p.read as follows:

3All areExcept bailableas bothprovided beforein andsubsection after3, conviction,all by sufficient surety, or subject to release upon condition or on their own recognizance, except that the following defendants shallSenate notFile be2399, ap. d m i t t o b a i l ;

3 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:

NEW SUBSECTION.SUBSECTION .

A defendant is only eligible to be released on the defendant'sdefendant’s own recognizance if the defendant has been charged with a nonviolent, nondrug simple or serious mmisdemeanor. i s d e m e a n o r .

Section 811.2, subsection 1, paragraph a, unnumbered paragraph 1, Code 2026, is amended to read as ffollows: o l l o w s :

AAll lbailable ldefendants bshall a i l a b l e d e f e n be oordered r d e released ffrom r o m 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'smagistrate’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.

(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 oxcGodexceed ten porcontpercent of the amount of the bond#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.

NEW PARAGRAPH,PARAGRAPH c..

c.

99. .

JUDICIAL COUNCIL ——— UNIFORM BOND SCHEDULE.

The revised bond schedule shall be submitted to the supreme court no later than July ly1, 2027.