Text: HSB00709 Text: HSB00711 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 13B.1, subsection 3, Code Supplement 1 2 1995, is amended to read as follows: 1 3 3. "Financial statement" means a full written disclosure 1 4 of all assets, liabilities, current income, dependents, and 1 5 other information required to determine if a client qualifies 1 6 for legal assistanceat public expenseby an appointed 1 7 attorney. 1 8 Sec. 2. Section 13B.10, subsection 3, Code 1995, is 1 9 amended to read as follows: 1 10 3. A person who knowingly submits a false financial 1 11 statement for the purpose of obtaining legal assistanceat1 12public expenseby an appointed attorney commits a fraudulent 1 13 practice. As used in this subsection, "legal assistance" 1 14 includes appointed counsel, transcripts, witness fees and 1 15 expenses, and any other goods or services required by law to 1 16 be provided to an indigent personat public expense. 1 17 Sec. 3. Section 232.89, subsection 1, Code 1995, is 1 18 amended to read as follows: 1 19 1. Upon the filing of a petition the parent, guardian, or 1 20 custodian identified in the petition shall have the right to 1 21 counsel in connection with all subsequent hearings and 1 22 proceedings. If that person desires but is financially unable 1 23 to employ counsel, the court shall appoint counsel. However, 1 24 a parent without legal and physical custody shall not have the 1 25 right to counsel. 1 26 Sec. 4. Section 814.9, Code 1995, is amended to read as 1 27 follows: 1 28 814.9 INDIGENT'S RIGHT TO TRANSCRIPT ON APPEAL. 1 29 If a defendant in a criminal cause has perfected an appeal 1 30 from a judgment and is determined by the court to be indigent, 1 31 the court may orderthea transcript to be madeat public1 32expense. When an attorney of record is representing an 1 33 indigent, the attorney shall apply to the district court for 1 34 the transcript. 1 35 Sec. 5. Section 814.10, Code 1995, is amended to read as 2 1 follows: 2 2 814.10 INDIGENT'S APPLICATION FOR TRANSCRIPT IN OTHER 2 3 CASES. 2 4 If a defendant in a criminal cause has been granted 2 5 discretionary review from an action of the district court and 2 6 the appellate court deems a transcript or portions thereof are 2 7 necessary to proper review of the question or questions 2 8 raised, the district court shall order the transcript to be 2 9 madeat public expenseifa determination is made thatthe 2 10 defendant is determined to be indigent. 2 11 Sec. 6. Section 815.7, Code 1995, is amended to read as 2 12 follows: 2 13 815.7 FEES TO ATTORNEYS. 2 14 An attorney who has not entered into a contract authorized 2 15 under section 13B.4 and who is appointed by the court to 2 16 represent any person charged with a crime in this state shall 2 17 be entitled to a reasonable compensation which shall be the 2 18 ordinary and customary charges for like services in the 2 19 community to be decided in each case by a judge of the 2 20 district court, including such sum or sums as the court may 2 21 determine are necessary for investigation in the interests of 2 22 justice and in the event of appeal the cost of obtaining the 2 23 transcript of the trial and the printing of the trial record 2 24 and necessary briefs in behalf of the defendant. However, the 2 25 reasonable compensation awarded an attorney shall not be 2 26 calculated based upon an hourly rate that exceeds the rate a 2 27 contract attorney as provided in section 13B.4 would receive 2 28 in a similar case. Such attorney need not follow the case 2 29 into another county or into the appellate court unless so 2 30 directed by the court at the request of the defendant, where 2 31 grounds for further litigation are not capricious or 2 32 unreasonable, but if such attorney does so, the attorney's fee 2 33 shall be determined accordingly. Only one attorney fee shall 2 34 be so awarded in any one case except that in class "A" felony 2 35 cases, two may be authorized. 3 1 Sec. 7. Section 815.9, subsection 1, paragraph c, Code 3 2 1995, are amended to read as follows: 3 3 c. A person with an income level greater than one hundred 3 4 fifty percent, but less than two hundred percent, of the most 3 5 recently revised poverty income guidelines published by the 3 6 United States department of health and human services may be 3 7 deemed partially indigent by the court pursuant to a written 3 8 finding that, given the person's circumstances, not appointing 3 9 counselat public expensewould cause the person substantial 3 10 hardship. However, the court shall require a persondeemed3 11partially indigentappointed counsel to contribute to the cost 3 12 of representation in accordance with rules adopted by the 3 13 state public defender. 3 14 Sec. 8. Section 815.9, subsection 1, Code 1995, is amended 3 15 by adding the following new paragraph: 3 16 NEW PARAGRAPH. d. A person with an income level greater 3 17 than two hundred percent of the most recently revised poverty 3 18 income guidelines published by the United States department of 3 19 health and human services shall not be deemed indigent or 3 20 partially indigent by the court unless the person is charged 3 21 with a felony and the court makes a written finding that, 3 22 given the person's circumstances, not appointing counsel would 3 23 cause the person substantial hardship. However, the court 3 24 shall require a person appointed counsel to contribute to the 3 25 cost of representation in accordance with rules adopted by the 3 26 state public defender. 3 27 Sec. 9. Section 815.9, subsection 3, Code 1995, is amended 3 28 to read as follows: 3 29 3. A person who knowingly submits a false financial 3 30 statement for the purpose of obtaining legal assistanceat3 31public expenseby appointed counsel commits a fraudulent 3 32 practice. As used in this subsection, "legal assistance" 3 33 includes legal counsel, transcripts, witness fees and 3 34 expenses, and any other goods or services required by law to 3 35 be provided to an indigent personat public expense. 4 1 Sec. 10. Section 815.9A, unnumbered paragraph 1, Code 4 2 1995, is amended by striking the unnumbered paragraph and 4 3 inserting in lieu thereof the following: 4 4 All costs and fees incurred for indigent defense shall 4 5 become due and payable to the clerk of the district court by 4 6 the person receiving the services not later than the date of 4 7 sentencing, or if the person is acquitted or the charges are 4 8 dismissed, within thirty days of the acquittal or dismissal. 4 9 To the extent that the costs and fees remain unpaid at the 4 10 time they become due, a judgment shall be entered against the 4 11 person for the amounts unpaid. 4 12 Sec. 11. Section 815.9A, subsection 2, Code 1995, is 4 13 amended to read as follows: 4 14 2. If the person has an income level as determined 4 15 pursuant to section 815.9 greater than one hundred fifty 4 16 percent but not more than one hundred eighty-five percent of 4 17 the poverty guidelines, at least two hundred dollars of the 4 18 indigent defense costs shall be recovered in accordance with 4 19 rules adopted by the state public defender. 4 20 Sec. 12. Section 815.9A, Code 1995, is amended by adding 4 21 the following new subsection: 4 22 NEW SUBSECTION. 3. If the person has an income level as 4 23 determined pursuant to section 815.9 greater than one hundred 4 24 eighty-five percent of the poverty guidelines, at least three 4 25 hundred dollars of the indigent defense costs shall be 4 26 recovered in accordance with rules adopted by the state public 4 27 defender. 4 28 Sec. 13. Section 815.10, subsection 1, Code Supplement 4 29 1995, is amended to read as follows: 4 30 1. The court, for cause and upon its own motion or upon 4 31 application by an indigent person or a public defender, may 4 32 appoint a public defender or any attorney who is admitted to 4 33 the practice of law in this state to represent an indigent 4 34 person at anystatestage of the proceedings or on appeal of 4 35 any action in which the indigent person is entitled tolegal5 1assistance at public expensean appointed attorney. An 5 2 appointment shall not be made unless the person is determined 5 3 to be indigent under section 815.9. 5 4 Sec. 14. Section 815.10, subsection 2, Code Supplement 5 5 1995, is amended by striking the subsection. 5 6 Sec. 15. Section 815.10, subsection 3, Code Supplement 5 7 1995, is amended to read as follows: 5 8 3. An attorney other than a public defender who is 5 9 appointed by the court under subsection 1or 2shall apply to 5 10 the district court for compensation and for reimbursement of 5 11 costs incurred. The amount of compensation due shall be 5 12 determined in accordance with section 815.7. 5 13 Sec. 16. Section 910.2, Code Supplement 1995, is amended 5 14 to read as follows: 5 15 910.2 RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY 5 16 SENTENCING COURT. 5 17 In all criminal casesexcept simple misdemeanors under5 18chapter 321,in which there is a plea of guilty, verdict of 5 19 guilty, or special verdict upon which a judgment of conviction 5 20 is rendered, the sentencing court shall order that restitution 5 21 be made by each offender to the victims of the offender's 5 22 criminal activities, to the clerk of court for fines, 5 23 penalties, surcharges, and, to the extent that the offender is 5 24 reasonably able to pay, for crime victim assistance 5 25 reimbursement, court costs, court-appointed attorney's fees, 5 26 or the expense of a public defender when applicable. However, 5 27 victims shall be paid in full before fines, penalties, and 5 28 surcharges, crime victim compensation program reimbursement, 5 29 court costs, court-appointed attorney's fees, or the expenses 5 30 of a public defender are paid. In structuring a plan of 5 31 restitution, the court shall provide for payments in the 5 32 following order of priority: victim, fines, penalties, and 5 33 surcharges, crime victim compensation program reimbursement, 5 34 court costs, and court-appointed attorney's fees, or the 5 35 expense of a public defender. When the offender is not 6 1 reasonably able to pay all or a part of the crime victim 6 2 compensation program reimbursement, court costs, court- 6 3 appointed attorney's fees, or the expense of a public 6 4 defender, the court may require the offender in lieu of that 6 5 portion of the crime victim compensation program 6 6 reimbursement, court costs, court-appointed attorney's fees, 6 7 or expense of a public defender for which the offender is not 6 8 reasonably able to pay, to perform a needed public service for 6 9 a governmental agency or for a private nonprofit agency which 6 10 provides a service to the youth, elderly, or poor of the 6 11 community. When community service is ordered, the court shall 6 12 set a specific number of hours of service to be performed by 6 13 the offender which, for payment of court-appointed attorney's 6 14 fees or expenses of a public defender, shall be approximately 6 15 equivalent in value to those costs. The judicial district 6 16 department of correctional services shall provide for the 6 17 assignment of the offender to a public agency or private 6 18 nonprofit agency to perform the required service. 6 19 EXPLANATION 6 20 The bill provides that a parent without legal custody of a 6 21 child does not have the right to counsel in child in need of 6 22 assistance proceedings. 6 23 The bill also provides that reasonable compensation awarded 6 24 a noncontracting attorney who is appointed to represent a 6 25 defendant shall not exceed the hourly rate that would have 6 26 been awarded an attorney under contract with the state public 6 27 defender to represent indigents. 6 28 Section 8 provides that a person shall not be considered 6 29 indigent or partially indigent if their income is greater than 6 30 200 percent of the poverty level unless a person is charged 6 31 with a felony and the court finds that not appointing counsel 6 32 would cause a substantial hardship. 6 33 The changes to section 815.9A provide that costs for 6 34 indigent defense are payable by the indigent and shall be 6 35 entered as a judgment against the indigent when due. The 7 1 section also provides that for persons receiving services 7 2 whose income is between 150 percent and 185 percent of the 7 3 poverty level, at least $200 shall be recovered pursuant to 7 4 rules adopted by the public defender; for persons whose income 7 5 is between 185 percent and 200 percent of the poverty level, 7 6 at least $300 shall be recovered pursuant to rules adopted by 7 7 the public defender. 7 8 Section 14 strikes the provision allowing any nonindigent 7 9 person who refuses to hire an attorney the right to request 7 10 and receive appointed counsel. 7 11 The changes to section 910.2 provide that if a court orders 7 12 community service instead of restitution under section 910.2 7 13 concerning the costs of an indigent's defense, the value of 7 14 the number of hours of community service ordered shall be 7 15 approximately equivalent to the costs of the defense. This 7 16 portion of the bill also provides that simple misdemeanors 7 17 under chapter 321 are subject to this Code section's 7 18 requirements relating to payment of restitution. 7 19 LSB 3600XL 76 7 20 ec/sc/14.5
Text: HSB00709 Text: HSB00711 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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