§ 811.6

811.6 Forfeiture of bail. 1. A defendant released pursuant to this chapter shall appear at arraignment, trial, judgment, or such other proceedings where the defendant’s appearance is required. If thedefendant fails to appear at the time and place when the defendant’s personal appearanceis lawfully required, or to surrender in execution of the judgment, the court must direct anentry of the failure to be made of record, and the undertaking of the defendant’s bail, or themoney deposited, is thereupon forfeited. As a part of the entry, except as provided in ruleof criminal procedure 2.72, the court shall direct the clerk of the district court of the countyto give thirty days’ notice in writing to the defendant and the defendant’s sureties to appearand show cause, if any, why judgment should not be entered for the amount of bail. If suchappearance is not made, judgment shall be entered by the court. If appearance is made, thecourt shall set the case down for immediate hearing as an ordinary action. 2. Where a forfeiture and judgment have been entered as provided in this section, and the amount of the judgment has been paid to the clerk, the clerk shall hold the amount paid asfunds of

ry action. 2. Where a forfeiture and judgment have been entered as provided in this section, and the amount of the judgment has been paid to the clerk, the clerk shall hold the amount paid asfunds of the clerk’s office for a period of one hundred fifty days from the date of judgment. 3. a. The court may, upon application, set aside such judgment if, within one hundred fifty days from the date of the judgment, any of the following occur: (1) The defendant voluntarily surrenders to the sheriff of the county.(2) The defendant’s sureties, at their own expense, deliver the defendant or facilitate delivery of the defendant to the custody of the sheriff. (3) The court determines, upon consideration of all circumstances, that setting aside the judgment is warranted. b. A judgment shall not be set aside under this subsection unless as a condition precedent thereto, the defendant and the defendant’s sureties have paid all costs and expenses incurredin connection with the judgment. [R60, §4990 – 4994; C73, §4596 – 4600; C97, §5515 – 5517, 5519; C24, 27, 31, 35, 39, §13631, 13633, 13635, 13636; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §766.1 – 766.3, 766.5, 766.6; C79,81, §811.6] 2000 Acts,

– 4994; C73, §4596 – 4600; C97, §5515 – 5517, 5519; C24, 27, 31, 35, 39, §13631, 13633, 13635, 13636; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §766.1 – 766.3, 766.5, 766.6; C79,81, §811.6] 2000 Acts, ch 1032, §6; 2013 Acts, ch 54, §2; 2021 Acts, ch 64, §2; 2022 Acts, ch 1021, §175; 2022 Acts, ch 1044, §1 Referred to in §331.653, 602.8102(131), 811.2, 811.9 Sat Dec 23 12:34:42 2023 Iowa Code 2024, Section 811.6 (22, 0)