Title XVI, CRIMINAL LAW AND PROCEDURE (Ch. 687 - 916)

An order authorized by this chapter shall be issued only if the court finds that the application and the affidavit or affidavits in support of the application establish each of the following: 1. That there is probable cause to believe that a felony described in the application ha…

Upon a showing that the required grounds exist, the court shall issue an order directing the person named or described in the application to appear at a designated time and place for nontestimonial identification procedures. The order shall be maintained by the clerk of the distr…

The order shall be directed to the person named or described in the application and shall inform the person of all of the following: 1. That the presence of the person is required for the purpose of conducting or permitting nontestimonial identification procedures in order to aid…

At the request of the person named or described in the application, the issuing court may modify a nontestimonial identification order with respect to time, place or manner of conducting the identification procedures if it appears reasonable under the circumstances to do so. [ 81…

1. For purposes of this section : a. “Assault” means the same as defined in section 708.1 . b. “Charged” means the same as “charge” as defined in section 801.4 . c. “Felonious assault upon an officer” means the defendant committed an assault, for which the penalty is a felony, wi…

When a defendant is admitted to bail by means of a surety bail bond pursuant to section 811.2, subsection 1 , paragraph “a” , subparagraph (4), the obligation of surety shall be discharged, and the surety released, upon any of the following conditions: 1. Dismissal of the charges…

Upon entry of an order by the court deferring judgment, effecting a discharge of the surety as required under section 811.10 , the defendant may be admitted to bail, as a condition of the deferral of judgment. Admittance to bail under this section , if required by the court, requ…

1. A person shall not take or attempt to take into custody the principal on a bail bond, either as a surety on a bail bond in a criminal proceeding or as an agent of such surety, unless such person has complied with all of the following, if applicable: a. Notification or registra…

1. When a defendant is awaiting sentencing after conviction for a felony or is pursuing an appeal in such a case following sentencing, and the defendant would otherwise be eligible to be admitted to bail under this chapter , but it appears by clear and convincing evidence that if…

1. Conditions for release of defendant. a. All bailable defendants shall be ordered released from custody pending judgment or entry of deferred judgment on their personal recognizance, or upon the execution of an unsecured appearance bond in an amount specified by the magistrate …

1. a. Insurance companies doing business in this state under the provisions of section 515.48, subsection 2 , may act as surety. Resident owners of property that is located within the state and that is worth the amount specified in the undertaking may act as surety and must in al…

Undertakings of bail, immediately after such undertakings are filed with the clerk of the district court, shall be docketed as liens on real estate, entered upon the lien index as required for judgments in civil cases, and from the time of such entries, shall be liens upon real e…

After conviction, upon appeal to the appellate court, the defendant must be admitted to bail, if it be from the judgment imposing a fine, upon the undertaking of bail that the defendant will, in all respects, abide the orders and the judgment of the appellate court upon appeal; i…

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 the defendant fails to appear at the time and place when the defendant’s personal appearance is lawfully requi…

1. The magistrate may, by an order entered on the record, direct the defendant to be arrested and committed to jail until legally discharged, after the defendant has given bail or deposited money in lieu thereof, or otherwise is released pursuant to this chapter , when it satisfa…

1. At any time before the forfeiture of the undertaking, the surety may surrender the defendant, or the defendant may surrender, to the officer to whose custody the defendant was committed at the time of giving bail, and such officer shall detain the defendant as upon a commitmen…

Sections 811.6 through 811.8 shall not apply in a case where a simple misdemeanor is charged upon a uniform citation and complaint and where the defendant has submitted an unsecured appearance bond or has submitted bail in the form of cash, check, credit card as provided in secti…

1. If at any stage of a criminal proceeding the defendant or the defendant’s attorney, upon application to the court, alleges specific facts showing that the defendant is suffering from a mental disorder which prevents the defendant from appreciating the charge, understanding the…

1. A hearing shall be held within fourteen days of the arrival of the person at a psychiatric facility for the performance of the evaluation, or within five days of the court’s motion or the filing of an application, if the defendant has had a psychiatric evaluation within thirty…

The court shall receive all relevant and material evidence offered at the hearing and shall not be bound by the formal rules of evidence. The evidence shall include the psychiatric evaluation ordered under section 812.3 or conducted within thirty days of the probable cause findin…

1. If the court finds the defendant does not pose a danger to the public peace and safety, is otherwise qualified for pretrial release, and is willing to cooperate with treatment, the court shall order, as a condition of pretrial release, that the defendant obtain mental health t…

The psychiatrist or licensed doctorate-level psychologist evaluating the progress of the outpatient competency restoration treatment of the defendant, or the director of the facility where the defendant is being held and treated pursuant to a court order, shall provide a written …

1. At any time, upon a finding by a psychiatrist or licensed doctorate-level psychologist that there is a substantial probability that the defendant has acquired the ability to appreciate the charge, understand the proceedings, and effectively assist in the defendant’s defense, t…

1. Notwithstanding section 812.8 , the defendant shall not remain under placement pursuant to section 812.6 beyond the expiration of the maximum term of confinement for the criminal offense of which the defendant is accused, or eighteen months from the date of the original adjudi…

These rules shall be known as the rules of criminal procedure. (R.Cr.P.) [76 Acts, ch 1245(2), §1301, Rule 31; 77 Acts, ch 153, §106; C79, 81, §813.1 ]

[The rules of criminal procedure are published in the compilation “Iowa Court Rules.”]

[See §813.2 ]

The rules of criminal procedure may be amended, provisions deleted, and new rules added by the supreme court, subject to section 602.4202 . [C79, 81, §813.4 ] 83 Acts, ch 186, §10134, 10201

For the purposes of this chapter , unless the context otherwise requires: 1. “Appeal” is the right of both the defendant and the state to have specified actions of the district court considered by an appellate court. 2. “Discretionary review” is the process by which an appellate …

If a defendant in a criminal cause has been granted discretionary review from an action of the district court and the appellate court deems a transcript or portions thereof are necessary to proper review of the question or questions raised, the district court shall order the tran…

1. An indigent person is entitled to appointed counsel on the appeal of all cases if the person is entitled to appointment of counsel under section 815.9 . 2. a. If the appeal involves an indictable offense or denial of postconviction relief, the appointment shall be made to the …

An appeal taken by the state does not stay the operation of a judgment in favor of the defendant, nor does an application for discretionary review. [R60, §4911; C73, §4527; C97, §5452; C24, 27, 31, 35, 39, § 14001; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.9; C79, 81, §814.12…

An appeal or application for discretionary review taken by the defendant does not stay the execution of the judgment unless the defendant is released on bail or otherwise as provided by law. [R60, §4914, 4915; C73, §4528, 4529; C97, §5453; C24, 27, 31, 35, 39, § 14002; C46, 50, 5…

When an appeal is taken by the defendant and the defendant is released, the clerk of the district court must give to the defendant or the defendant’s attorney a certificate, under the seal of the court, that an appeal has been taken and the defendant released. The sheriff or othe…

Appeals and applications for discretionary review in criminal cases shall be docketed in the supreme court as provided in the rules of appellate procedure. Such causes shall take precedence over other business, and the appellate court shall consider and determine appeals and appl…

The personal appearance of the defendant in the appellate court on the trial of an appeal, or upon the hearing of a matter of discretionary review, is in no case necessary. [R60, §4920; C73, §4533; C97, §5456; C24, 27, 31, 35, 39, § 14005; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77,…

The record and case shall be presented to the appellate court as provided in the rules of appellate procedure; the provisions of law in civil procedure relating to the filing of decisions and opinions of the appellate court shall apply in such cases. [C97, §5461; C24, 27, 31, 35,…

The party seeking review shall be known as the appellant and the adverse party as the appellee, but the title of the action shall not be changed from that in the district court. [R60, §4818, 4819; C73, §4531, 4532; C97, §5455; C24, 27, 31, 35, 39, § 14004; C46, 50, 54, 58, 62, 66…

An appeal or application taken by the defendant shall not be dismissed for an informality or defect in taking it if corrected as directed by the appellate court. The appellate court, after an examination of the entire record, may dispose of the case by affirmation, reversal or mo…

Costs shall be taxed as provided by the rules of appellate procedure. [C97, §5462; C24, 27, 31, 35, 39, § 14011; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.19; C79, 81, §814.21 ] 85 Acts, ch 157, §6

If a judgment against the defendant is reversed, such reversal shall be deemed an order for a new trial, unless the appellate court shall direct a different disposition. In reversing the case, the appellate court may direct that the defendant be discharged and the defendant’s bai…

On a judgment of affirmance against the defendant, the original judgment shall be carried into execution as the appellate court shall direct. [C51, §3100; R60, §4928; C73, §4541; C97, §5465; C24, 27, 31, 35, 39, § 14014; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.22; C79, 81, …

The decision of the appellate court with any opinion filed or judgment rendered must be recorded by its clerk. Procedendo shall be issued as provided in the rules of appellate procedure. [C51, §3101, 3102; R60, §4929, 4930; C73, §4542, 4543; C97, §5466; C24, 27, 31, 35, 39, § 140…

The jurisdiction of the appellate court shall cease when procedendo is issued. All proceedings for executing the judgment shall be had in the district court or by its clerk. [C51, §3101, 3102; R60, §4929, 4930; C73, §4542, 4543; C97, §5466; C24, 27, 31, 35, 39, § 14016; C46, 50, …

Unless some proceeding in the district court is directed, copies of the judgment of the district court and of the decision on appeal or review, or a copy of the judgment and decision on appeal or review, certified by the clerk of the district court, shall be delivered to the sher…

A defendant, confined during the pendency of an unsuccessful review or appeal, or convicted at a new trial ordered by the appellate court, shall have the period of the defendant’s former confinement deducted from the period of confinement fixed on the last verdict of conviction b…