Below are the most current bail laws we have for this state. Send updates to your state's bail laws to us using our contact form. This is not legal advice as laws change all the time. Please check with the department of insurance for the most recent updates.
1. Applicable Statutes.
1. IOWA CODE ANNOTATED TITLE III. PUBLIC SERVICES AND REGULATION SUBTITLE 1. PUBLIC SAFETY CHAPTER 80A. PRIVATE INVESTIGATIVE AGENCIES AND SECURITY AGENTS 80A.1 – .16A
2. IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURE SUBTITLE 2. CRIMINAL PROCEDURE CHAPTER 811. PRETRIAL RELEASE—BAIL 811.3, .6 – .9
2. Licensing Requirements for Agents.
Iowa has numerous provisions regulating the licensing of the bail enforcement business and bail enforcement agents.
1. IOWA CODE ANNOTATED TITLE III. PUBLIC SERVICES AND REGULATION SUBTITLE 1. PUBLIC SAFETY CHAPTER 80A. PRIVATE INVESTIGATIVE AGENCIES AND SECURITY AGENTS 80A.3. Requires a bail enforcement business to obtain the same license as that for a private detective. The license must be renewed every two years.
2. 80A.4. Sets forth the license requirements. Applications for a license or license renewal must be submitted to the commissioner and no license shall not be issued unless the applicant:
3. 80A.5. Requires a licensee fee to be deposited with each application – to be applied if the application is granted and refunded if the application is denied.
4. 80A.10. Requires each license applicant to submit bond before receiving a license. The applicant must file a surety bond with the department with the Department of Public Safety, in a minimum amount as follows:
5. 80A.10A. Requires each potential licensee to submit proof of financial responsibility, notwithstanding the minimum bond amount that must be filed in accordance with section 80A.10.
6. IOWA CODE ANNOTATED TITLE XV. JUDICIAL BRANCH AND JUDICIAL PROCEDURES SUBTITLE 4.PROBATE—FIDUCIARIES CHAPTER 636. SURETIES–FIDUCIARIES–TRUSTS—INVESTMENTS SURETY COMPANIES 636.11.
3. Notice of Forfeiture
1. IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURE SUBTITLE 2. CRIMINAL PROCEDURE CHAPTER 811. PRETRIAL RELEASE—BAIL 811.6. Sets forth provisions on bail forfeiture, including notice requirements.
4. Allotted Time between Forfeiture Declaration and Payment Due Date.
1. (See above, second paragraph)
2. State v. Costello, 1992, 489 N.W.2d 735.
Purpose of statutory ten-day notice requirement prior to entry of judgment for amount of bail upon forfeiture is to afford surety opportunity to resist entry of judgment, and not to locate and deliver defendant to sheriff.
5. Forfeiture Defenses.
2. 811.9. Establishes that the above section (811.8) does not apply in a case where a simple misdemeanor is charged (through a uniform citation) and where the defendant has submitted an unsecured appearance bond or has submitted bail in the form of cash, check, credit card. When a defendant fails to appear such cases, the court shall enter a judgment of forfeiture of the bond or bail, which shall be final upon entry.
3. A number of state cases also clarify a surety’s right to contest forfeiture, and exclude certain excuses.
1. IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURESUBTITLE 2. CRIMINAL PROCEDURE CHAPTER 811. PRETRIAL RELEASE—BAIL 811.6 Gives provisions for setting aside forfeiture judgements.
2. Iowa case law establishes the remission is available, at the discretion of the court.
7. Bail Agent’s Arrest Authority.
1. IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURESUBTITLE 2. CRIMINAL PROCEDURE CHAPTER 811. PRETRIAL RELEASE—BAIL 811.8.Establishes a bail agent’s arrest authority.
8. Other Noteworthy Provisions.
1. IOWA CODE ANNOTATED TITLE III. PUBLIC SERVICES AND REGULATION SUBTITLE 1. PUBLIC SAFETY CHAPTER 80A. PRIVATE INVESTIGATIVE AGENCIES AND SECURITY AGENTS
80A.7. Sets forth provisions requiring identification cards for persons receiving a license to operate in the bail enforcement business.
2. 80A.9. Gives regulations on the use of badges and uniforms by bail enforcement agents. A bail enforcement agent shall not do any of the following:
3. IOWA CODE ANNOTATED TITLE III. PUBLIC SERVICES AND REGULATION SUBTITLE 1. PUBLIC SAFETY CHAPTER 80A. PRIVATE INVESTIGATIVE AGENCIES AND SECURITY AGENTS 80A.1. Provides definitions of important terms such as “bail enforcement agent” and “bail enforcement business.”
4. IOWA CODE ANNOTATED TITLE III. PUBLIC SERVICES AND REGULATION SUBTITLE 1. PUBLIC SAFETY CHAPTER 80A. PRIVATE INVESTIGATIVE AGENCIES AND SECURITY AGENTS 80A.3A.Sets forth requirements for notification of and registration for out-of-state bail enforcement agents with local law enforcement when conducting an undertaking within the state of Iowa.
5. IOWA CODE ANNOTATED TITLE III. PUBLIC SERVICES AND REGULATION SUBTITLE 1. PUBLIC SAFETY CHAPTER 80A. PRIVATE INVESTIGATIVE AGENCIES AND SECURITY AGENTS 80A.16A. Establishes the civil liability of bail enforcement agents to injured third parties.
6. IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURE SUBTITLE 2. CRIMINAL PROCEDURE CHAPTER 811. PRETRIAL RELEASE—BAIL 811.3.Establishes the right of a court, clerk, or magistrate to examine the qualifications of a surety, under oath, prior to releasing a prisoner on bail.
9. Noteworthy State Appellate Decisions.
1. STATE of Iowa, Appellee, v. HAWKEYE BAIL BONDS, SURETY, Appellant. No. 96-764. Supreme Court of Iowa. June 18, 1997.
Hawkeye Bail Bonds acted as surety on two bonds posted by Juan Jose Rojas- Cardona (the defendant) in two separate appeals from criminal convictions. After the convictions were affirmed on appeal, the defendant requested and obtained delays in the issuance of the mittimus in each case. When the extended time expired and the defendant did not appear, the court forfeited his bonds. The surety appealed.
Hawkeye raises three issues on appeal: (1) whether the court’s delays in the issuance of the mittimus were illegal, thus relieving the surety of its obligation; (2) whether extending the mittimus improperly modified Hawkeye’s obligation; and (3) whether the defendant’s appearance at the August 5, 1994 probation revocation hearing constituted an appearance that would satisfy Hawkeye’s obligation.
The court concludes that nothing in the statutes prohibited the extension of the time for issuance of the mittimus. The court further concludes that the court’s extension of the time for execution of the judgments did not modify the bail bonds so as to relieve Hawkeye of its liability. In the present case, however, the bond required that the defendant surrender himself in execution of the judgment. This never occurred. Although the defendant was in the presence of the court after the appeal on August 5, 1994, the actual execution of his judgment was not set until November 15, 1994. The defendant did not appear, and the terms of the bond were not fulfilled. The court agrees with the district court that the surety remains liable under these appeal bonds. The decision is affirmed.
2. STATE of Iowa, Appellee, v. Phillip McFARLAND, Appellant. No. 97-1928. Court of Appeals of Iowa. April 30, 1999.
Philip McFarland and Edward Green claimed to be bounty hunters. In March 1997, they allegedly received a tip that Maurecio Gomez had skipped bail and was staying at a mobile home park in Des Moines. On March 18, 1997, sometime between 1:30 and 2:30 a.m., McFarland and Green arrived at the mobile home of Wendell and Sandy Leach. The Leaches and three of their four children were home. McFarland began pounding on the front door of the Leach mobile home. When Wendell Jr. asked what was going on, McFarland broke the front door open and barged into the home. In the process, the door flew open and Wendell Jr. was knocked against a closet. McFarland said he was a bounty hunter and stated he was “looking for some Mexicans.” Sandy and Wendell argued with McFarland about his being in their home. McFarland threatened to “smack” Sandy if she did not “shut up.” When McFarland realized Gomez was not connected with the Leaches, he apologized, left the home, and went to the trailer next door. McFarland was charged with second-degree burglary.
At trial, McFarland’s request for a jury instruction on a citizen’s arrest, which he claimed encapsulated his defense, was denied. McFarland was convicted of second- degree burglary and sentenced to an indeterminate ten-year sentence. McFarland appeals.
The court holds the citizen’s arrest defense can not be used as an affirmative defense to burglary or assault when unlawful entry or force is used against an innocent third person, who is neither a felon nor a person interfering with the lawful arrest of a felon. Courts from several other states have held the same. The court finds that for these reasons, the trial court did not err in refusing to give the jury instruction.
3. Other Notable cases.
10. Bounty Hunter Provisions.
Bounty Hunters are called “Bail Enforcement Agents” in Iowa’s statutes. Rules governing BEAs are primarily given above under Licensing Requirements for Agents. Separate regulations for “Bounty Hunters” do not exist.