Text: H01477 Text: H01479 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 662, as follows: 1 2 #1. Page 1, line 26, by striking the word "two" 1 3 and inserting the following: "three". 1 4 #2. Page 1, line 32, by striking the word "two" 1 5 and inserting the following: "three". 1 6 #3. Page 2, line 13, by striking the word "two" 1 7 and inserting the following: "three". 1 8 #4. Page 2, line 24, by striking the word "two" 1 9 and inserting the following: "three". 1 10 #5. Page 2, line 29, by striking the word "two" 1 11 and inserting the following: "three". 1 12 #6. By striking page 2, line 31, through page 3, 1 13 line 11. 1 14 #7. Page 3, line 24, by striking the word "two" 1 15 and inserting the following: "three". 1 16 #8. Page 4, line 4, by striking the word "two" and 1 17 inserting the following: "three". 1 18 #9. By striking page 4, line 30, through page 5, 1 19 line 2, and inserting the following: "and necessary 1 20 briefs in behalf of the defendant. However, the 1 21 reasonable compensation awarded an attorney shall not 1 22 be calculated based upon an hourly rate that exceeds 1 23the rate a contract attorney as provided in section1 2413B.4 would receive in a similar casefifty-five 1 25 dollars per hour, unless the offense charged is a 1 26 class "A" or class "B" felony, in which case the 1 27 hourly rate shall not exceed sixty dollars per hour. 1 28 Determination of the expense associated". 1 29 #10. By striking page 6, line 22, through page 7, 1 30 line 10, and inserting the following: 1 31 "2. a. A determination of the indigent status of 1 32 a person shall be made on the basis of an affidavit of 1 33 financial status submitted to the clerk of court at or 1 34 immediately after the person's initial appearance 1 35 before a court. If a person is granted legal 1 36 assistance as an indigent or partial indigent, the 1 37 affidavit of financialstatementstatus shall be filed 1 38 and permanently retained in the person's court file. 1 39 The state public defender shall adopt rules 1 40 prescribing the form and content of the affidavit of 1 41 financialstatementstatus and the criteria by which a 1 42 determination of indigency shall be based. The 1 43 affidavit of financialstatementstatus shall contain 1 44 sufficient information to allow the determination to 1 45 be made of whether the person meets the guidelines set 1 46 out in subsection 1and, taking into consideration all 1 47 assets. The affidavit of financial status shall be 1 48 accompanied by the person's most recent pay slip and 1 49 the name and address of the person's employer, if the 1 50 person is employed. 2 1 b. Each person seeking legal assistance under this 2 2 section shall pay a nonrefundable application fee of 2 3 thirty dollars to the clerk of the district court at 2 4 the time of the filing of the affidavit of financial 2 5 status. If the person is incarcerated, however, the 2 6 application fee may be paid no later than five days 2 7 after the date on which the application is filed. If 2 8 the person remains in custody or if, based upon the 2 9 affidavit of financial status, the court determines 2 10 that the person does not have the financial resources 2 11 to pay the fee, the court may reduce the application 2 12 fee to ten dollars, waive the fee, or assess the fee 2 13 upon disposition of the case. 2 14 c. Upon receipt of the affidavit of financial 2 15 status, the clerk shall review the information and 2 16 make an initial determination of whether the person 2 17 seeking legal assistance is indigent. If the person 2 18 meets the indigency standards established under 2 19 subsection 1, the clerk shall prepare an order 2 20 appointing counsel for the court's review and 2 21 approval. If the person does not meet the indigency 2 22 standards established in subsection 1, but may be 2 23 deemed partially indigent under the partial indigency 2 24 standards under subsection 1, the clerk shall forward 2 25 the affidavit of financial status to the court, which 2 26 shall make a determination of the person's indigency 2 27 status. 2 28 d. Before legal assistance is granted, the clerk 2 29 or the court shall inform the person of the obligation 2 30 regarding payment of the expenses associated with the 2 31 granting of legal assistance. Before legal assistance 2 32 is granted, the clerk or the court shall verify that 2 33 the application fee has been paid to the clerk or has 2 34 been waived by the court. If the court determines 2 35 that the application fee should be assessed upon 2 36 disposition of the case, the order appointing counsel 2 37 shall reflect that determination." 2 38 #11. Page 8, by inserting after line 32, the 2 39 following: 2 40 "Sec. ___. NEW SECTION. 815.11A REPORT TO 2 41 GENERAL ASSEMBLY. 2 42 Each month the clerk of the district court in each 2 43 county shall forward a report to the supreme court 2 44 administrator detailing the amount of moneys and 2 45 numbers of cases for which the legal assistance 2 46 application fee has been collected. By February 1, 2 47 1998, and annually thereafter by the date on which the 2 48 general assembly convenes, the state court 2 49 administrator shall compile and submit a report to the 2 50 general assembly which contains the fee collection 3 1 information." 3 2 #12. By numbering and renumbering as necessary. 3 3 3 4 3 5 3 6 MILLAGE of Scott 3 7 HF 662.201 77 3 8 lh/jj/28
Text: H01477 Text: H01479 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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