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:
1. A defendant awaiting judgment of conviction and sentencing following either a plea or verdict of guilty of a class "A" felony; forcible felony as defined in section
702.11; any class "B" felony included in section
462A.14 or
707.6A; any felony included in section
124.401, subsection 1, paragraph
"a" or
"b"; a second or subsequent offense under section
124.401, subsection 1, paragraph
"c"; any felony punishable under section
902.9, subsection 1, paragraph "a"; any public offense committed while detained pursuant to section
229A.5; or any public offense committed while subject to an order of commitment pursuant to chapter 229A.
2. A defendant appealing a conviction of a class "A" felony; forcible felony as defined in section
702.11; any class "B" or "C" felony included in section
462A.14 or
707.6A; any felony included in section
124.401, subsection 1, paragraph
"a" or
"b"; or a second or subsequent conviction under section
124.401, subsection 1, paragraph
"c"; any felony punishable under section
902.9, subsection 1, paragraph "a"; any public offense committed while detained pursuant to section
229A.5; or any public offense committed while subject to an order of commitment pursuant to chapter 229A.
3. Notwithstanding subsections 1 and 2, a defendant awaiting judgment of conviction and sentencing following either a plea or verdict of guilty of, or appealing a conviction of, any felony offense included in section
708.11, subsection 3, or a felony offense under chapter 124 not provided for in subsection 1 or 2 is presumed to be ineligible to be admitted to bail unless the court determines that such release reasonably will not result in the person failing to appear as required and will not jeopardize the personal safety of another person or persons.
Amended by 2013 Iowa HF+417,s 255, eff. 7/1/2013.
Amended by 2013 Iowa HF 417,s 255, eff. 7/1/2013.
C51, §3211 - 3213; R60, §4885, 4962; C73, §3845, 4107, 4511; C97, §5096, 5442; S13, §5096; C24, 27, 31, 35, 39, §13609, 13610, 13966; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
763.1,
763.2,
789.19; C79, 81, §
811.1; 82 Acts, ch 1236, §1
89 Acts, ch 138, §4, 5; 90 Acts, ch 1251, §61; 92 Acts, ch 1179, §2; 94 Acts, ch 1093, §6; 95 Acts, ch 87, §1; 97 Acts, ch 177, §30; 98 Acts, ch 1138, §27; 99 Acts, ch 12, §10; 99 Acts, ch 71, §1; 99 Acts, ch 123, §1; 2000 Acts, ch 1099, §10; 2002 Acts, ch 1139, §22, 27; 2011 Acts, ch 22, §1; 2012 Acts, ch 1021, §117
Referred to in § 124.416, 229A.5C, 232.44, 805.1, 811.2, 811.5
See R.Cr.P. 2.37 - Form 1
See also § 124.416
Subsection 1 amended