KimSenate ReynoldsFile O2399 fH-8148 fAmend ithe camendment, eH-8128, oto fSenate tFile h2399, eas Gamended, opassed, vand ereprinted rby nthe oSenate, ras Chrisfollows: 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,anActrelatingtobailand1. bond amountsand conditions.

ThePage aboveSenateFileisherebyapprovedonthisdate.1, before line 5 by inserting:

Sincerely,<<Section Kim1. Reynojfls Govemor ofIowa cc:

SecretaryoftheSenateSection Clerk8.57E, ofCode the2026, Houseis STATEamended CAPITOLby DESadding MOINES,IOWAthe 50319following 515.281.5211new WWW.GOVERNOR.IOWA.GOVsubsection: n BIGHT ^ir^ininmiinmiiiiiiiiiiniiinnmi W L L M A I N T A J G E N K R A i .

aNEW sSUBSECTION 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 1.

Section 804.21, subsections 2 and 4, Code 2026, a r e a m e t o read a s f o l l o w s :

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;

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 t h w a r r a n t .

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 aeooion, a person arrested and placed in jail may bo rGloasod on the person's own recognigance with or without other conditions, by the verbal or written order of a judge or magiatrato.—The verbal order Senate File 2399, p.

2 may be communicatGd by telephone.—The judge or magistrate may ioouo such order of rolcaoG only upon 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 .

Sec.

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;

-(-i-)—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 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.

Sec.

3.

Section 804.22, subsection 2, Code 2026, is amended t oread a s f o l l o w s :

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.

Sec.

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

Aii Except as provided in subsection 3, all defendants Senate File 2399, p.

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 a d m i t t o b a i l ;

Sec.

SectionA 811.1,county Codethat 2026,incurs isincreased amendedpersonnel bycosts addingdue to this Act may annually apply to the followingdepartment newof subsection:management for reimbursement from the taxpayer relief fund for the amount of increased costs.

NEWFor SUBSECTION.the fiscal year beginning July 1, 2026, and for each fiscal year thereafter, there is appropriated from the taxpayer relief fund to the department of management an amount necessary to pay reimbursements under this subsection.

3.The department of management shall adopt rules pursuant to chapter 17A to administer this subsection, including but not limited to application requirements.> 2.

APage defendant4, isafter onlyline eligible8 toby beinserting: released on the defendant's own recognizance if the defendant has been charged with a nonviolent, nondrug simple or serious m i s d e m e a n o r .