Text: HF00661 Text: HF00663 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 662 1 2 1 3 AN ACT 1 4 RELATING TO THE DEFENSE OF CRIMINAL CHARGES, BY MAKING 1 5 CHANGES IN THE PENALTIES APPLICABLE TO CERTAIN OFFENSES 1 6 FOR WHICH APPOINTMENT OF COUNSEL IS REQUIRED, PROVIDING 1 7 COUNTY ATTORNEYS OR THEIR DESIGNEES WITH ACCESS TO THE 1 8 CENTRALIZED EMPLOYEE REGISTRY FOR PURPOSES OF COLLECTION 1 9 OF RESTITUTION, MAKING CHANGES RELATING TO THE DETER- 1 10 MINATION OF A PERSON'S INDIGENCY, PROHIBITING THE SUB- 1 11 MISSION OF FALSE INFORMATION ON AN AFFIDAVIT OF FINANCIAL 1 12 STATUS, REQUIRING THE STATE TO ENFORCE LIENS FOR RESTI- 1 13 TUTION IN CRIMINAL CASES, AND PROVIDING PENALTIES. 1 14 1 15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 16 1 17 Section 1. Section 13B.6, subsection 1, Code 1997, is 1 18 amended to read as follows: 1 19 1. There is established in thestategeneral fund of the 1 20 state an account to be known as the state public defender 1 21 operating account. The state public defender may bill a 1 22 county for services rendered to the county by the office of 1 23 the state public defender. Receipts shall be deposited in the 1 24 operating account established under thissectionsubsection. 1 25 There is appropriated from thestategeneral fund of the state 1 26 all amounts deposited in the state public defender operating 1 27 account for use in maintaining the operations of the office of 1 28 state public defender. 1 29 1A. There is established in the general fund of the state 1 30 an account to be known as the indigent defense assessment fee 1 31 account. Receipts shall be deposited in the account 1 32 established under this subsection as required by law. There 1 33 is appropriated from the general fund of the state all amounts 1 34 deposited in the indigent defense fee assessment account for 1 35 payment by the state public defender of any shortfalls which 2 1 may arise in the state public defender operating account for 2 2 payment of court-appointed attorney fees. 2 3 Sec. 2. Section 13B.9, subsection 6, Code 1997, is amended 2 4 by striking the subsection. 2 5 Sec. 3. Section 252G.5, unnumbered paragraph 1, Code 1997, 2 6 is amended to read as follows: 2 7 The records of the centralized employee registry are 2 8 confidential records pursuant to section 22.7, and may be 2 9 accessed only by state agencies, county attorneys, or county 2 10 attorneys' designees as provided in this section. When a 2 11 state agency accesses information in the registry, the agency 2 12 may use the information to update the agency's own records. 2 13 Access to and use of the information contained in the registry 2 14 shall be limited to the following: 2 15 Sec. 4. Section 252G.5, Code 1997, is amended by adding 2 16 the following new subsection: 2 17 NEW SUBSECTION. 4. County attorneys or designees procured 2 18 by a county attorney for purposes of recovery of restitution 2 19 ordered by the court pursuant to chapter 910. 2 20 Sec. 5. Section 321.218, subsections 1 and 4, Code 1997, 2 21 are amended to read as follows: 2 22 1. A person whose motor vehicle license or operating 2 23 privilege has been denied, canceled, suspended, or revoked as 2 24 provided in this chapter or as provided in section 252J.8, and 2 25 who operates a motor vehicle upon the highways of this state 2 26 while the license or privilege is denied, canceled, suspended, 2 27 or revoked, commits a serious misdemeanor punishable only by 2 28 imposition of a fine of three hundred fifty dollars, 2 29 notwithstanding section 903.1. 2 30 4. A person who operates a commercial motor vehicle upon 2 31 the highways of this state when disqualified from operating 2 32 the commercial motor vehicle under section 321.208 commits a 2 33 serious misdemeanor punishable only by imposition of a fine of 2 34 three hundred fifty dollars, notwithstanding section 903.1, if 2 35 a commercial driver's license is required for the person to 3 1 operate the commercial motor vehicle. 3 2 Sec. 6. Section 602.8106, subsection 1, Code 1997, is 3 3 amended by adding the following new paragraph: 3 4 NEW PARAGRAPH. g. For the filing of an affidavit of 3 5 financial status for a determination of indigency and 3 6 qualification for court-appointed counsel under section 815.9, 3 7 thirty dollars. 3 8 Sec. 7. Section 602.8107, subsection 2, paragraph d, Code 3 9 1997, is amended to read as follows: 3 10 d. Court costs, including correctional fees assessed 3 11 pursuant to sections 356.7 and 904.108, court-appointed 3 12 attorney fees, or public defender expenses, and assessment 3 13 fees under section 815.9. 3 14 Sec. 8. Section 602.8108, subsection 2, Code 1997, is 3 15 amended to read as follows: 3 16 2. Except as otherwise provided, the clerk of the district 3 17 court shall report and submit to the state court 3 18 administrator, not later than the fifteenth day of each month, 3 19 the fines and fees received during the preceding calendar 3 20 month. Except as provided in subsections 4,and5, and 6, the 3 21 state court administrator shall deposit the amounts received 3 22 with the treasurer of state for deposit in the general fund of 3 23 the state. The state court administrator shall report to the 3 24 legislative fiscal bureau within thirty days of the beginning 3 25 of each fiscal quarter the amount received during the previous 3 26 quarter in the account established under this section. 3 27 Sec. 9. Section 602.8108, Code 1997, is amended by adding 3 28 the following new subsection: 3 29 NEW SUBSECTION. 6. The state court administrator shall 3 30 deposit any amounts received as a result of the imposition of 3 31 an assessment fee under section 815.9 with the treasurer of 3 32 state for deposit of the receipts in the indigent defense 3 33 assessment fee account established in section 13B.6. 3 34 Sec. 10. Section 719.1, subsections 1 and 2, Code 1997, 3 35 are amended to read as follows: 4 1 1. A person who knowingly resists or obstructs anyone 4 2 known by the person to be a peace officer, emergency medical 4 3 care provider under chapter 147A, or fire fighter, whether 4 4 paid or volunteer, in the performance of any act which is 4 5 within the scope of the lawful duty or authority of that 4 6 officer, emergency medical care provider under chapter 147A, 4 7 or fire fighter, whether paid or volunteer, or who knowingly 4 8 resists or obstructs the service or execution by any 4 9 authorized person of any civil or criminal process or order of 4 10 any court, commits a serious misdemeanor punishable only by 4 11 imposition of a fine of three hundred fifty dollars, 4 12 notwithstanding section 903.1. However, if a person commits 4 13 an interference with official acts, as defined in this 4 14 subsection, and in so doing inflicts bodily injury other than 4 15 serious injury, that person commits an aggravated misdemeanor. 4 16 If a person commits an interference with official acts, as 4 17 defined in this subsection, and in so doing inflicts or 4 18 attempts to inflict serious injury, or displays a dangerous 4 19 weapon, as defined in section 702.7, or is armed with a 4 20 firearm, that person commits a class "D" felony. 4 21 2. A person under the custody, control, or supervision of 4 22 the department of corrections who knowingly resists, 4 23 obstructs, or interferes with a correctional officer, agent, 4 24 employee, or contractor, whether paid or volunteer, in the 4 25 performance of the person's official duties, commits a serious 4 26 misdemeanor punishable only by imposition of a fine of three 4 27 hundred fifty dollars, notwithstanding section 903.1. If a 4 28 person violates this subsection and in so doing commits an 4 29 assault, as defined in section 708.1, the person commits an 4 30 aggravated misdemeanor. If a person violates this subsection 4 31 and in so doing inflicts or attempts to inflict bodily injury 4 32 other than serious injury to another, displays a dangerous 4 33 weapon, as defined in section 702.7, or is armed with a 4 34 firearm, the person commits a class "D" felony. If a person 4 35 violates this subsection and uses or attempts to use a 5 1 dangerous weapon, as defined in section 702.7, or inflicts 5 2 serious injury to another, the person commits a class "C" 5 3 felony. 5 4 Sec. 11. Section 815.7, Code 1997, is amended to read as 5 5 follows: 5 6 815.7 FEES TO ATTORNEYS. 5 7 An attorney who has not entered into a contract authorized 5 8 under section 13B.4 and who is appointed by the court to 5 9 represent any person charged with a crime in this state shall 5 10 be entitled toareasonable compensation which shall bethe5 11ordinary and customary charges for like services in the5 12community to bedecided in each case by a judge of the 5 13 district court, including such sum or sums as the court may 5 14 determine are necessary for investigation in the interests of 5 15 justice and in the event of appeal the cost of obtaining the 5 16 transcript of the trial and the printing of the trial record 5 17 and necessary briefs in behalf of the defendant. However, the 5 18 reasonable compensation awarded an attorney shall not be 5 19 calculated based upon an hourly rate that exceedsthe rate a5 20contract attorney as provided in section 13B.4 would receive5 21in a similar casefifty-five dollars per hour, unless the 5 22 offense charged is a class "A" or class "B" felony, in which 5 23 case the hourly rate shall not exceed sixty dollars per hour. 5 24 Determination of the expense associated with the services of a 5 25 public defender shall be determined based on time records kept 5 26 by the public defender for the case.SuchA court-appointed 5 27 attorney need not follow the case into another county or into 5 28 the appellate court unless so directed by the court at the 5 29 request of the defendant, where grounds for further litigation 5 30 are not capricious or unreasonable, but if such attorney does 5 31 so, the attorney's fee shall be determined accordingly. Only 5 32 one attorney fee shall be so awarded in any one case except 5 33 that in class "A" felony cases, two may be authorized. 5 34 Sec. 12. Section 815.9, Code 1997, is amended to read as 5 35 follows: 6 1 815.9 INDIGENCY DETERMINED – PENALTY. 6 2 1. For purposes of this chapter, section 68.8, section 6 3 222.22, chapter 232, chapter 814, and the rules of criminal 6 4 procedure, the following apply: 6 5 a. A person is indigent if the person has an income level 6 6 at or below one hundredfiftypercent of the United States 6 7 poverty level as defined by the most recently revised poverty 6 8 income guidelines published by the United States department of 6 9 health and human services. 6 10 b. A person is not indigent if the person has an income 6 11 level greater than one hundredfiftypercent of the United 6 12 States poverty level as defined by the most recently revised 6 13 poverty income guidelines published by the United States 6 14 department of health and human services. 6 15 c. A person with an income level greater than one hundred 6 16fiftypercent, but less than two hundred percent, of the most 6 17 recently revised poverty income guidelines published by the 6 18 United States department of health and human services may be 6 19 deemed partially indigent by the court pursuant to a written 6 20 finding that, given the person's circumstances, not appointing 6 21 counsel would cause the person substantial hardship. In 6 22 determining whether substantial hardship will result, the 6 23 court shall consider the availability of any assets, including 6 24 but not limited to cash, stocks, bonds, and any other property 6 25 which may readily be converted to cash. However, the court 6 26 shall require a person appointed counsel to contribute to the 6 27 cost of representation in accordance with rules adopted by the 6 28 state public defender. 6 29 d. A person with an income level greater than two hundred 6 30 percent of the most recently revised poverty income guidelines 6 31 published by the United States department of health and human 6 32 services shall not be deemed indigent or partially indigent by 6 33 the court unless the person is charged with a felony and the 6 34 court makes a written finding that, given the person's 6 35 circumstances, not appointing counsel would cause the person 7 1 substantial hardship. In determining whether substantial 7 2 hardship will result, the court shall consider the 7 3 availability of any assets, including but not limited to cash, 7 4 stocks, bonds, and any other property which may readily be 7 5 converted to cash. However, the court shall require a person 7 6 appointed counsel to contribute to the cost of representation 7 7 in accordance with rules adopted by the state public defender. 7 8 2. a. A determination of the indigent status of a person 7 9 shall be made on the basis of an affidavit of financial status 7 10 submitted at or immediately after the person's initial 7 11 appearance before a court. If a person is granted legal 7 12 assistance as an indigent or partial indigent, the affidavit 7 13 of financialstatementstatus shall be filed and permanently 7 14 retained in the person's court file. The state public 7 15 defender shall adopt rules prescribing the form and content of 7 16 the affidavit of financialstatementstatus and the criteria 7 17 by which a determination of indigency shall be based. The 7 18 affidavit of financialstatementstatus shall contain 7 19 sufficient information to allow the determination to be made 7 20 of whether the person meets the guidelines set out in 7 21 subsection 1and, taking into consideration all assets. The 7 22 affidavit of financial status shall be accompanied by the 7 23 person's most recent pay slip and the name and address of the 7 24 person's employer, if the person is employed. 7 25 b. Each person seeking legal assistance under this section 7 26 shall pay a nonrefundable assessment fee of thirty dollars to 7 27 the clerk of the district court at the time of determination 7 28 of indigency. If the person is incarcerated, however, the 7 29 assessment fee may be paid no later than five days after the 7 30 date on which the determination of indigency is made. If the 7 31 person remains in custody or if, based upon the affidavit of 7 32 financial status, the court determines that the person does 7 33 not have the financial resources to pay the fee, the court may 7 34 reduce the assessment fee to ten dollars, waive the fee, or 7 35 assess the fee upon disposition of the case. 8 1 c. Before legal assistance is granted, the court shall 8 2 inform the person of the obligation regarding payment of the 8 3 expenses associated with the granting of legal assistance. If 8 4 the court determines that the assessment fee should be 8 5 assessed at the time fixed by the court for pronouncement of 8 6 judgment and sentence, the order appointing counsel shall 8 7 reflect that determination. At the time fixed by the court 8 8 for pronouncement of judgment and sentencing, the court shall 8 9 verify that the assessment fee has been paid or has been 8 10 waived by the court. If the fee has not been paid or waived 8 11 the court shall include the amount of the assessment fee in 8 12 any orders for payment of restitution and may order that any 8 13 posted cash bond be forfeited in an amount sufficient to pay 8 14 the assessment fee. 8 15 3. A person who submits an affidavit of financial status, 8 16 or on whose behalf an affidavit of financial status has been 8 17 submitted, for the purpose of obtaining legal assistance shall 8 18 inform the court of any additional information concerning the 8 19 person's income or assets, as the information becomes 8 20 available during the course of the proceedings. 8 213.4. A person who knowinglysubmits aprovides false 8 22 information for inclusion in an affidavit of financial 8 23statementstatus which is submitted for the purpose of 8 24 obtaining legal assistance by appointed counsel commits a 8 25 fraudulent practice. As used in this subsection, "legal 8 26 assistance" includes legal counsel, transcripts, witness fees 8 27 and expenses, and any other goods or services required by law 8 28 to be provided to an indigent person. 8 29 Sec. 13. Section 815.9A, subsections 1, 2, and 3, Code 8 30 1997, are amended by striking the subsections. 8 31 Sec. 14. Section 815.10, subsection 1, Code 1997, is 8 32 amended by adding the following new unnumbered paragraph: 8 33 NEW UNNUMBERED PARAGRAPH. For purposes of this section, a 8 34 person who is charged with a serious misdemeanor offense which 8 35 is only punishable by the imposition of a fine shall not be 9 1 entitled to legal assistance at public expense. 9 2 Sec. 15. Section 815.10A, subsection 1, Code 1997, is 9 3 amended to read as follows: 9 4 1. The department of inspections and appeals shall require 9 5 all claims for compensation filed by court-appointed attorneys 9 6 for indigent defense cases, whether adult or juvenile, to 9 7 include specific information as required by rules of the 9 8 department. A court-appointed attorney in an indigent case 9 9 may make an interim claim for compensation prior to conclusion 9 10 of representation. The court may award reasonable and proper 9 11 interim compensation to the attorney in accordance with 9 12 guidelines established by the supreme court. 9 13 Sec. 16. NEW SECTION. 815.11A REPORT TO GENERAL 9 14 ASSEMBLY. By February 1, 1998, and annually thereafter by the 9 15 date on which the general assembly convenes, the state court 9 16 administrator shall compile and submit a report to the general 9 17 assembly which contains the fee collection information. 9 18 Sec. 17. Section 903A.5, unnumbered paragraph 2, Code 9 19 1997, is amended to read as follows: 9 20 An inmateshall notmay, if ordered by the court, receive 9 21 credit upon the inmate's sentence for time spent in custody in 9 22 another state resisting return to Iowa following an escape, or 9 23 for time served in an institution or jail of another 9 24 jurisdiction during any period of time the person is receiving 9 25 credit upon a sentence of that other jurisdiction. 9 26 Sec. 18. Section 910.7A, subsection 2, Code 1997, is 9 27 amended to read as follows: 9 28 2. A judgment of restitutionmayshall be enforced by the 9 29 state, and may be enforced by a victim entitled under the 9 30 order to receive restitution, a deceased victim's estate, or 9 31 any other beneficiary of the judgment in the same manner as a 9 32 civil judgment. 9 33 Sec. 19. Section 911.1, Code 1997, is amended to read as 9 34 follows: 9 35 911.1 CRIMINAL PENALTY SURCHARGE ESTABLISHED. 10 1 A criminal penalty surcharge shall be levied against 10 2 certain law violators as provided in section 911.2. The 10 3 surcharge shall be deposited as provided in section 602.8108, 10 4 subsection 3, and shall be used for the maintenance and 10 5 improvement of criminal justice programs, law enforcement 10 6 efforts, victim compensation, crime prevention,and10 7 improvement of the professional training of personnel,and the10 8 planning and support services of the criminal justice system, 10 9 and the defense of indigent persons charged with a crime. 10 10 10 11 10 12 10 13 RON J. CORBETT 10 14 Speaker of the House 10 15 10 16 10 17 10 18 MARY E. KRAMER 10 19 President of the Senate 10 20 10 21 I hereby certify that this bill originated in the House and 10 22 is known as House File 662, Seventy-seventh General Assembly. 10 23 10 24 10 25 10 26 ELIZABETH ISAACSON 10 27 Chief Clerk of the House 10 28 Approved , 1997 10 29 10 30 10 31 10 32 TERRY E. BRANSTAD 10 33 Governor
Text: HF00661 Text: HF00663 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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