Text: HSB00228                          Text: HSB00230
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 229

Bill Text

PAG LIN
  1  1    Section 1.  Section 13B.2, Code 1997, is amended to read as
  1  2 follows:
  1  3    13B.2  POSITION ESTABLISHED.
  1  4    1.  The position of state public defender is established
  1  5 within the department of inspections and appeals.
  1  6    2.  The governor shall, with the advise and consent of the
  1  7 indigent defense commission, appoint the state public
  1  8 defender, who shall serve at the pleasure of the governor, is
  1  9 subject to confirmation by the senate, no less frequently than
  1 10 once every four years, whether or not there has been a new
  1 11 state public defender has been appointed during that time, and
  1 12 shall establish the state public defender's salary.
  1 13    3.  The governor may, upon notice and hearing before the
  1 14 indigent defense commission, remove the state public defender
  1 15 for good cause shown, including but not limited to malfeasance
  1 16 or nonfeasance in office, or for cause which renders the state
  1 17 public defender incapable or unfit to discharge the duties of
  1 18 office.
  1 19    Sec. 2.  NEW SECTION.  13B.2A  INDIGENT DEFENSE COMMISSION
  1 20 ESTABLISHED.
  1 21    1.  An indigent defense commission is established within
  1 22 the department to advise and make recommendations to the
  1 23 governor regarding the appointment and removal of the state
  1 24 public defender, and to direct the state public defender
  1 25 regarding the establishment, implementation, and maintenance
  1 26 of cost-effective legal representation of indigents consistent
  1 27 with constitutional requirements, professional standards, and
  1 28 supreme court guidelines.
  1 29    2.  The commission shall consist of eleven members.  At
  1 30 least six of the members shall be attorneys with experience in
  1 31 criminal defense practice.  A member shall not be a judge,
  1 32 prosecutor, or law enforcement official.  Four of the members
  1 33 shall be members of the general assembly appointed by the
  1 34 legislative council, two from each chamber of the general
  1 35 assembly.  No more than one of the members from each chamber
  2  1 shall be from any one political party.  Seven of the members
  2  2 shall be appointed by the governor as follows:
  2  3    a.  Three members from nominations made by the Iowa state
  2  4 bar association.
  2  5    b.  Two members from nominations made by the Iowa
  2  6 association of criminal defense lawyers.
  2  7    c.  Two members of the general public.
  2  8    3.  Members shall serve three-year terms with initial terms
  2  9 to be staggered.  Members of the commission shall be entitled
  2 10 to receive reimbursement for actual expenses incurred while
  2 11 engaged in the performance of the duties of the commission.
  2 12 Each member of the commission may also be eligible to receive
  2 13 compensation under section 7E.6.
  2 14    Sec. 3.  NEW SECTION.  13B.2B  DUTIES AND POWERS OF THE
  2 15 INDIGENT DEFENSE COMMISSION.
  2 16    The commission shall establish policy for the state public
  2 17 defender regarding but not limited to the following matters:
  2 18    1.  Providing quality, cost-effective methods for legal
  2 19 representation of indigents consistent with constitutional
  2 20 requirements, professional standards, and supreme court
  2 21 guidelines.
  2 22    2.  Developing the budget to be requested by the state
  2 23 public defender for all indigent defense costs.
  2 24    3.  Developing client indigency criteria to be applied on a
  2 25 uniform statewide basis.
  2 26    4.  Establishing mechanisms for enhancing, maximizing, and
  2 27 monitoring restitution and recoupment efforts related to
  2 28 indigent defense costs.
  2 29    5.  Identifying and establishing other methods to contain
  2 30 indigent defense costs.
  2 31    6.  Adopting rules pursuant to chapter 17A regarding the
  2 32 operations of the state public defender, including but not
  2 33 limited to uniform methods of tracking cases handled, time
  2 34 spent by public defenders and court-appointed counsel, and
  2 35 determination of payment to court-appointed counsel.
  3  1    7.  Developing and recommending fee guidelines for court-
  3  2 appointed counsel to the supreme court.
  3  3    8.  Advising the governor regarding the selection and
  3  4 appointment of the state public defender.
  3  5    9.  Preparing and filing a written report with the office
  3  6 of the governor and the general assembly by January 1 of each
  3  7 year regarding the recommendations and activities of the
  3  8 commission during the preceding fiscal year.
  3  9    Sec. 4.  Section 13B.3, Code 1997, is amended to read as
  3 10 follows:
  3 11    13B.3  QUALIFICATIONS OF STATE PUBLIC DEFENDER.
  3 12    Only persons admitted to practice law in this state, with
  3 13 experience in defending persons accused of committing criminal
  3 14 offenses, shall be appointed state public defender or
  3 15 assistant state public defender.
  3 16    Sec. 5.  Section 13B.4, subsection 3, Code 1997, is amended
  3 17 by striking the subsection.
  3 18    Sec. 6.  Section 13B.4, subsections 4, 5, and 6, Code 1997,
  3 19 are amended to read as follows:
  3 20    4.  The state public defender is authorized to review any
  3 21 claim made for payment of indigent defense costs and to take
  3 22 the following action if the state public defender believes a
  3 23 claim is excessive:
  3 24    a.  If the claim is from a noncontract attorney, the state
  3 25 public defender shall request a review by the court granting
  3 26 the claim as to the reasonableness of the claim within thirty
  3 27 days of receipt of the claim.
  3 28    b.  If the claim is from a contract attorney state public
  3 29 defender believes the claim to be excessive, the state public
  3 30 defender shall request a review by hearing before the
  3 31 appointing court as to the reasonableness of the claim within
  3 32 thirty days of receipt of the claim.
  3 33    5.  The state public defender is authorized to contract
  3 34 with county County attorneys shall provide or contract with
  3 35 attorneys in private practice to provide collection services
  4  1 in the manner provided in section 331.756, subsection 5,
  4  2 related to court-ordered indigent defense restitution of
  4  3 court-appointed attorney fees or the expense of a public
  4  4 defender.
  4  5    6.  The state public defender shall report in writing to
  4  6 the general assembly by January 20 of each year regarding any
  4  7 funds recouped or collected for court-appointed attorney fees
  4  8 or expenses of a public defender pursuant to section 331.756,
  4  9 subsection 5, or section 602.8107 during the previous calendar
  4 10 year.  The report shall also include reports made by local
  4 11 public defenders pursuant to section 13B.9.
  4 12    Sec. 7.  Section 13B.6, subsection 1, Code 1997, is amended
  4 13 to read as follows:
  4 14    1.  There is established in the state general fund an An
  4 15 account to be known as the state public defender operating
  4 16 account is established in the general fund of the state.  The
  4 17 state public defender may bill a county for services rendered
  4 18 to the county by the office of the state public defender.
  4 19 Receipts shall be deposited in the operating account
  4 20 established under this section subsection.  There is
  4 21 appropriated from the state general fund of the state all
  4 22 amounts deposited in the state public defender operating
  4 23 account for use in maintaining the operations of the office of
  4 24 state public defender.
  4 25    1A.  An account to be known as the indigent defense fee
  4 26 account is established in the general fund of the state.
  4 27 Court-appointed attorneys, other than the state public
  4 28 defender, shall submit for payment from the account fee claims
  4 29 for services rendered on behalf of an indigent criminal
  4 30 defendant in the manner provided in chapter 815.  Receipts
  4 31 shall be deposited in the account established under this
  4 32 subsection as required by law.  There is appropriated from the
  4 33 general fund of the state all amounts deposited in the
  4 34 indigent defense fee account for payment of court-appointed
  4 35 attorney fees.
  5  1    Sec. 8.  Section 13B.9, subsection 1, paragraph d, Code
  5  2 1997, is amended to read as follows:
  5  3    d.  Make an annual report to the state public defender.  In
  5  4 making the report, the local public defender shall use uniform
  5  5 definitions of what constitutes a case, as well as any other
  5  6 criteria developed by the indigent defense commission for the
  5  7 uniform tracking and reporting of the provision of legal
  5  8 representation to indigents.  The report shall include all,
  5  9 but is not limited to, the following information:
  5 10    (1)  All cases handled by the local public defender during
  5 11 the preceding calendar year.
  5 12    (2)  All cases referred to another public defender,
  5 13 juvenile defender, or private counsel due to conflict or
  5 14 caseload of the public defender during the preceding calendar
  5 15 year.
  5 16    (3)  All cases handled by each individual public defender
  5 17 within the local public defender's office during the preceding
  5 18 calendar year.
  5 19    (4)  The total amount of restitution ordered to be paid for
  5 20 all cases handled by the local public defender during the
  5 21 preceding calendar year.
  5 22    (5)  Any other matters required by the indigent defense
  5 23 commission.
  5 24    Sec. 9.  Section 13B.9, subsections 4 and 5, Code 1997, are
  5 25 amended to read as follows:
  5 26    4.  The local public defender shall handle every case to
  5 27 which the local public defender is appointed if the local
  5 28 public defender can reasonably handle the case in compliance
  5 29 with constitutional requirements, the code of professional
  5 30 responsibility for lawyers, and any other standards for
  5 31 competence in the legal profession which are adopted by the
  5 32 supreme court.
  5 33    5.  If a conflict of interest arises or if the local public
  5 34 defender is unable to handle a case because of a temporary
  5 35 overload of cases, the local public defender shall return the
  6  1 case to the court.  The court shall first appoint a contract
  6  2 an attorney, who has agreed to take the case.  Appointments by
  6  3 the court shall be on a rotational or equalization basis
  6  4 considering the experience of the attorney and the difficulty
  6  5 of the case.
  6  6    Sec. 10.  Section 13B.9, subsection 6, Code 1997, is
  6  7 amended by striking the subsection.
  6  8    Sec. 11.  Section 252G.5, unnumbered paragraph 1, Code
  6  9 1997, is amended to read as follows:
  6 10    The records of the centralized employee registry are
  6 11 confidential records pursuant to section 22.7, and may be
  6 12 accessed only by state agencies, county attorneys, or county
  6 13 attorneys' designees as provided in this section.  When a
  6 14 state agency accesses information in the registry, the agency
  6 15 may use the information to update the agency's own records.
  6 16 Access to and use of the information contained in the registry
  6 17 shall be limited to the following:
  6 18    Sec. 12.  Section 252G.5, Code 1997, is amended by adding
  6 19 the following new subsection:
  6 20    NEW SUBSECTION.  4.  County attorneys or designees procured
  6 21 by a county attorney for purposes of recovery of restitution
  6 22 ordered by the court pursuant to chapter 910.
  6 23    Sec. 13.  Section 321.218, subsections 1 and 4, Code 1997,
  6 24 are amended to read as follows:
  6 25    1.  A person whose motor vehicle license or operating
  6 26 privilege has been denied, canceled, suspended, or revoked as
  6 27 provided in this chapter or as provided in section 252J.8, and
  6 28 who operates a motor vehicle upon the highways of this state
  6 29 while the license or privilege is denied, canceled, suspended,
  6 30 or revoked, commits a serious misdemeanor punishable only by
  6 31 imposition of a fine of two hundred fifty dollars,
  6 32 notwithstanding section 903.1.
  6 33    4.  A person who operates a commercial motor vehicle upon
  6 34 the highways of this state when disqualified from operating
  6 35 the commercial motor vehicle under section 321.208 commits a
  7  1 serious misdemeanor punishable only by imposition of a fine of
  7  2 two hundred fifty dollars, notwithstanding section 903.1, if a
  7  3 commercial driver's license is required for the person to
  7  4 operate the commercial motor vehicle.
  7  5    Sec. 14.  Section 321A.32, Code 1997, is amended to read as
  7  6 follows:
  7  7    321A.32  OTHER VIOLATIONS – PENALTIES.
  7  8    1.  Any person whose license or registration or
  7  9 nonresident's operating privilege has been suspended, denied
  7 10 or revoked under this chapter or continues to remain suspended
  7 11 or revoked under this chapter, and who, during such
  7 12 suspension, denial or revocation, or during such continuing
  7 13 suspension or continuing revocation, drives any motor vehicle
  7 14 upon any highway or knowingly permits any motor vehicle owned
  7 15 by such person to be operated by another upon any highway,
  7 16 except as permitted under this chapter, shall be guilty of a
  7 17 serious misdemeanor punishable only by imposition of a fine of
  7 18 two hundred fifty dollars, notwithstanding section 903.1.
  7 19    2.  Any person willfully failing to return license or
  7 20 registration as required in section 321A.31 shall be guilty of
  7 21 a simple misdemeanor.
  7 22    3.  Any person who shall forge or, without authority, sign
  7 23 any notice provided for under section 321A.5 that a policy or
  7 24 bond is in effect, or any evidence of proof of financial
  7 25 responsibility, or who files or offers for filing any such
  7 26 notice or evidence of proof knowing or having reason to
  7 27 believe that it is forged or signed without authority, shall
  7 28 be guilty of a serious misdemeanor punishable only by
  7 29 imposition of a fine of two hundred fifty dollars,
  7 30 notwithstanding section 903.1.
  7 31    4.  Any person who shall violate any provision of this
  7 32 chapter for which no penalty is otherwise provided shall be
  7 33 guilty of a serious misdemeanor punishable only by imposition
  7 34 of a fine of two hundred fifty dollars, notwithstanding
  7 35 section 903.1.
  8  1    Sec. 15.  Section 321J.21, Code 1997, is amended to read as
  8  2 follows:
  8  3    321J.21  DRIVING WHILE LICENSE DENIED OR REVOKED.
  8  4    A person whose motor vehicle license or nonresident
  8  5 operating privilege has been denied or revoked as provided in
  8  6 this chapter and who drives a motor vehicle upon the highways
  8  7 of this state while the license or privilege is denied or
  8  8 revoked commits a serious misdemeanor punishable only by
  8  9 imposition of a fine of two hundred fifty dollars,
  8 10 notwithstanding section 903.1.  The department, upon receiving
  8 11 the record of the conviction of a person under this section
  8 12 upon a charge of driving a motor vehicle while the license of
  8 13 the person was revoked or denied, shall extend the period of
  8 14 revocation or denial for an additional like period, and the
  8 15 department shall not issue a new license during the additional
  8 16 period.
  8 17    Sec. 16.  Section 719.1, subsections 1 and 2, Code 1997,
  8 18 are amended to read as follows:
  8 19    1.  A person who knowingly resists or obstructs anyone
  8 20 known by the person to be a peace officer, emergency medical
  8 21 care provider under chapter 147A, or fire fighter, whether
  8 22 paid or volunteer, in the performance of any act which is
  8 23 within the scope of the lawful duty or authority of that
  8 24 officer, emergency medical care provider under chapter 147A,
  8 25 or fire fighter, whether paid or volunteer, or who knowingly
  8 26 resists or obstructs the service or execution by any
  8 27 authorized person of any civil or criminal process or order of
  8 28 any court, commits a serious misdemeanor punishable only by
  8 29 imposition of a fine of two hundred fifty dollars,
  8 30 notwithstanding section 903.1.  However, if a person commits
  8 31 an interference with official acts, as defined in this
  8 32 subsection, and in so doing inflicts bodily injury other than
  8 33 serious injury, that person commits an aggravated misdemeanor.
  8 34 If a person commits an interference with official acts, as
  8 35 defined in this subsection, and in so doing inflicts or
  9  1 attempts to inflict serious injury, or displays a dangerous
  9  2 weapon, as defined in section 702.7, or is armed with a
  9  3 firearm, that person commits a class "D" felony.
  9  4    2.  A person under the custody, control, or supervision of
  9  5 the department of corrections who knowingly resists,
  9  6 obstructs, or interferes with a correctional officer, agent,
  9  7 employee, or contractor, whether paid or volunteer, in the
  9  8 performance of the person's official duties, commits a serious
  9  9 misdemeanor punishable only by imposition of a fine of two
  9 10 hundred fifty dollars, notwithstanding section 903.1.  If a
  9 11 person violates this subsection and in so doing commits an
  9 12 assault, as defined in section 708.1, the person commits an
  9 13 aggravated misdemeanor.  If a person violates this subsection
  9 14 and in so doing inflicts or attempts to inflict bodily injury
  9 15 other than serious injury to another, displays a dangerous
  9 16 weapon, as defined in section 702.7, or is armed with a
  9 17 firearm, the person commits a class "D" felony.  If a person
  9 18 violates this subsection and uses or attempts to use a
  9 19 dangerous weapon, as defined in section 702.7, or inflicts
  9 20 serious injury to another, the person commits a class "C"
  9 21 felony.
  9 22    Sec. 17.  Section 809.17, Code 1997, is amended to read as
  9 23 follows:
  9 24    809.17  PROCEEDS APPLIED TO VARIOUS PROGRAMS.
  9 25    Except as provided in section 809.21, fifty percent of the
  9 26 value of the proceeds from the disposal of seized property
  9 27 pursuant to this chapter shall be deposited with the clerk of
  9 28 the district court for distribution under section 602.8107,
  9 29 and the balance may be transferred in whole or in part to the
  9 30 victim compensation fund created in section 912.14 at the
  9 31 discretion of the recipient agency, political subdivision, or
  9 32 department.
  9 33    Sec. 18.  Section 809A.17, subsection 3, Code 1997, is
  9 34 amended to read as follows:
  9 35    3.  Forfeited property may be used by the department of
 10  1 justice in the enforcement of the criminal law.  The
 10  2 department may give, sell, or trade property to any other
 10  3 state agency or to any other law enforcement agency within the
 10  4 state if, in the opinion of the attorney general, it will
 10  5 enhance law enforcement within the state.  If the person from
 10  6 whom the property was forfeited has been charged with a
 10  7 criminal offense, the department shall give, to the clerk of
 10  8 the district court in which the criminal charges were filed,
 10  9 fifty percent of the value of the proceeds from any property
 10 10 forfeited.  The clerk shall distribute the proceeds in
 10 11 accordance with section 602.8107.
 10 12    Sec. 19.  Section 815.7, Code 1997, is amended to read as
 10 13 follows:
 10 14    815.7  FEES TO ATTORNEYS.
 10 15    An attorney who has not entered into a contract authorized
 10 16 under section 13B.4 and who is appointed by the court to
 10 17 represent any person charged with a crime in this state shall
 10 18 be entitled to a reasonable compensation which shall be the
 10 19 ordinary and customary charges for like services in the
 10 20 community to be decided in each case by a judge of the
 10 21 district court, including such sum or sums as the court may
 10 22 determine are necessary for investigation in the interests of
 10 23 justice and in the event of appeal the cost of obtaining the
 10 24 transcript of the trial and the printing of the trial record
 10 25 and necessary briefs in behalf of the defendant.  However, the
 10 26 reasonable compensation awarded an attorney shall not be
 10 27 calculated based upon an hourly rate that exceeds the rate a
 10 28 contract attorney as provided in section 13B.4 would receive
 10 29 in a similar case.  Determination of the expense associated
 10 30 with the services of a public defender shall be determined
 10 31 based on time records kept by the public defender for the
 10 32 case.  Such A court-appointed attorney need not follow the
 10 33 case into another county or into the appellate court unless so
 10 34 directed by the court at the request of the defendant, where
 10 35 grounds for further litigation are not capricious or
 11  1 unreasonable, but if such attorney does so, the attorney's fee
 11  2 shall be determined accordingly.  Only one attorney fee shall
 11  3 be so awarded in any one case except that in class "A" felony
 11  4 cases, two may be authorized.
 11  5    Sec. 20.  Section 815.9, Code 1997, is amended to read as
 11  6 follows:
 11  7    815.9  INDIGENCY DETERMINED – PENALTY.
 11  8    1.  For purposes of this chapter, section 68.8, section
 11  9 222.22, chapter 232, chapter 814, and the rules of criminal
 11 10 procedure, the following apply:
 11 11    a.  A person is indigent if the person has an income level
 11 12 at or below one hundred fifty percent of the United States
 11 13 poverty level as defined by the most recently revised poverty
 11 14 income guidelines published by the United States department of
 11 15 health and human services.
 11 16    b.  A person is not indigent if the person has an income
 11 17 level greater than one hundred fifty percent of the United
 11 18 States poverty level as defined by the most recently revised
 11 19 poverty income guidelines published by the United States
 11 20 department of health and human services.
 11 21    c.  A person with an income level greater than one hundred
 11 22 fifty percent, but less than two hundred percent, of the most
 11 23 recently revised poverty income guidelines published by the
 11 24 United States department of health and human services may be
 11 25 deemed partially indigent by the court pursuant to a written
 11 26 finding that, given the person's circumstances, not appointing
 11 27 counsel would cause the person substantial hardship.  In
 11 28 determining whether substantial hardship will result, the
 11 29 court shall consider the availability of any assets, including
 11 30 but not limited to cash, stocks, bonds, and any other property
 11 31 which may readily be converted to cash.  However, the court
 11 32 shall require a person appointed counsel to contribute to the
 11 33 cost of representation in accordance with rules adopted by the
 11 34 state public defender.
 11 35    d.  A person with an income level greater than two hundred
 12  1 percent of the most recently revised poverty income guidelines
 12  2 published by the United States department of health and human
 12  3 services shall not be deemed indigent or partially indigent by
 12  4 the court unless the person is charged with a felony and the
 12  5 court makes a written finding that, given the person's
 12  6 circumstances, not appointing counsel would cause the person
 12  7 substantial hardship.  In determining whether substantial
 12  8 hardship will result, the court shall consider the
 12  9 availability of any assets, including but not limited to cash,
 12 10 stocks, bonds, and any other property which may readily be
 12 11 converted to cash.  However, the court shall require a person
 12 12 appointed counsel to contribute to the cost of representation
 12 13 in accordance with rules adopted by the state public defender.
 12 14    2.  A determination of the indigent status of a person
 12 15 shall be made on the basis of an affidavit of financial status
 12 16 submitted at or immediately after the person's initial
 12 17 appearance before a court.  Before granting legal assistance,
 12 18 the court shall inform the person of the obligation regarding
 12 19 payment of the expenses associated with the grant of legal
 12 20 assistance.  If a person is granted legal assistance as an
 12 21 indigent or partial indigent, the affidavit of financial
 12 22 statement status shall be filed and permanently retained in
 12 23 the person's court file.  The state public defender indigent
 12 24 defense commission shall adopt rules prescribing the form and
 12 25 content of the affidavit of financial statement status and the
 12 26 criteria by which a determination of indigency shall be based.
 12 27 The financial statement shall contain sufficient information
 12 28 to allow the determination to be made of whether the person
 12 29 meets the guidelines set out in subsection 1, taking into
 12 30 consideration all assets, and shall be accompanied by the
 12 31 person's most recent pay slip and name and address of
 12 32 employer, if employed.
 12 33    3.  A person who submits an affidavit of financial status,
 12 34 or on whose behalf an affidavit of financial status has been
 12 35 submitted, for the purpose of obtaining legal assistance shall
 13  1 inform the court of any additional information concerning the
 13  2 person's income or assets, as the information becomes
 13  3 available during the course of the proceedings.
 13  4    3. 4.  A person who knowingly submits a provides false
 13  5 information for inclusion in an affidavit of financial
 13  6 statement status which is submitted for the purpose of
 13  7 obtaining legal assistance by appointed counsel commits a
 13  8 fraudulent practice.  As used in this subsection, "legal
 13  9 assistance" includes legal counsel, transcripts, witness fees
 13 10 and expenses, and any other goods or services required by law
 13 11 to be provided to an indigent person.
 13 12    Sec. 21.  Section 815.9A, Code 1997, is amended to read as
 13 13 follows:
 13 14    815.9A  RECOVERY OF INDIGENT DEFENSE COSTS.
 13 15    All costs and fees incurred for indigent defense shall
 13 16 become due and payable be paid to the clerk of the district
 13 17 court by the person receiving the services not later than the
 13 18 date of sentencing, the date or dates established in the
 13 19 person's restitution plan ordered in chapter 910, or if the
 13 20 person is acquitted or the charges are dismissed, within
 13 21 thirty days of the acquittal or dismissal.  To the extent that
 13 22 the costs and fees remain unpaid at the time they become due,
 13 23 a judgment shall be entered against the person for the amounts
 13 24 unpaid. as follows:
 13 25    1.  If the person has an income level as determined
 13 26 pursuant to section 815.9 greater than one hundred percent but
 13 27 not more than one hundred fifty percent of the poverty
 13 28 guidelines, at least one hundred dollars of the indigent
 13 29 defense costs shall be recovered and paid to the clerk in
 13 30 accordance with rules adopted by the state public defender.
 13 31    2.  If the person has an income level as determined
 13 32 pursuant to section 815.9 greater than one hundred fifty
 13 33 percent but not more than one hundred eighty-five percent of
 13 34 the poverty guidelines, at least two hundred dollars of the
 13 35 indigent defense costs shall be recovered and paid to the
 14  1 clerk in accordance with rules adopted by the state public
 14  2 defender.
 14  3    3.  If the person has an income level as determined
 14  4 pursuant to section 815.9 greater than one hundred eighty-five
 14  5 percent of the poverty guidelines, at least three hundred
 14  6 dollars of the indigent defense costs shall be recovered and
 14  7 paid to the clerk in accordance with rules adopted by the
 14  8 state public defender.
 14  9    Sec. 22.  Section 815.10, subsections 2 and 3, Code 1997,
 14 10 are amended to read as follows:
 14 11    2.  An attorney other than a public defender or a contract
 14 12 attorney who is appointed by the court under this section
 14 13 shall apply to the district court for compensation and for
 14 14 reimbursement of costs incurred.  The amount of compensation
 14 15 due shall be determined in accordance with section 815.7.
 14 16    3.  A contract attorney appointed by the court pursuant to
 14 17 this section and section 13B.4 shall apply to the state public
 14 18 defender for compensation and for reimbursement of costs
 14 19 incurred in accordance with the contract.  The amount of
 14 20 compensation due shall be determined in accordance with the
 14 21 contract.
 14 22    Sec. 23.  Section 815.10A, subsection 1, Code 1997, is
 14 23 amended to read as follows:
 14 24    1.  The department of inspections and appeals shall require
 14 25 all claims for compensation filed by court-appointed attorneys
 14 26 for indigent defense cases, whether adult or juvenile, to
 14 27 include specific information as required by rules of the
 14 28 department.  A court-appointed attorney in an indigent case
 14 29 may make an interim claim for compensation prior to conclusion
 14 30 of representation.  The court may award reasonable and proper
 14 31 interim compensation to the attorney in accordance with
 14 32 guidelines established by the indigent defense commission.
 14 33    Sec. 24.  Section 903A.5, unnumbered paragraph 2, Code
 14 34 1997, is amended to read as follows:
 14 35    An inmate shall not may, if ordered by the court, receive
 15  1 credit upon the inmate's sentence for time spent in custody in
 15  2 another state resisting return to Iowa following an escape, or
 15  3 for time served in an institution or jail of another
 15  4 jurisdiction during any period of time the person is receiving
 15  5 credit upon a sentence of that other jurisdiction.
 15  6    Sec. 25.  Section 910.7A, subsection 2, Code 1997, is
 15  7 amended to read as follows:
 15  8    2.  A judgment of restitution may shall be enforced by the
 15  9 state, and may be enforced by a victim entitled under the
 15 10 order to receive restitution, a deceased victim's estate, or
 15 11 any other beneficiary of the judgment in the same manner as a
 15 12 civil judgment.
 15 13    Sec. 26.  Section 911.1, Code 1997, is amended to read as
 15 14 follows:
 15 15    911.1  CRIMINAL PENALTY SURCHARGE ESTABLISHED.
 15 16    A criminal penalty surcharge shall be levied against
 15 17 certain law violators as provided in section 911.2.  The
 15 18 surcharge shall be deposited as provided in section 602.8108,
 15 19 subsection 3, and shall be used for the maintenance and
 15 20 improvement of criminal justice programs, law enforcement
 15 21 efforts, victim compensation, crime prevention, and
 15 22 improvement of the professional training of personnel, and the
 15 23 planning and support services of the criminal justice system,
 15 24 and the defense of indigent persons charged with a crime.  
 15 25                           EXPLANATION
 15 26    This bill makes a variety of changes to provisions which
 15 27 relate to or effect the provision of court-appointed counsel
 15 28 in criminal cases.
 15 29    The provisions relating to the position of state public
 15 30 defender are changes to require that the appointment be made
 15 31 by the governor with the advise and consent of the indigent
 15 32 defense commission, which is established under the bill.  The
 15 33 requirement that the governor set the state public defender's
 15 34 salary is eliminated.  The bill also permits the removal of
 15 35 the state public defender by the governor, upon notice and
 16  1 hearing before the indigent defense commission, for good
 16  2 cause.  The bill reestablishes the indigent defense
 16  3 commission, as an 11-member commission, which is to set policy
 16  4 for the state public defender and matters related to indigent
 16  5 defense.  The policy issues include development of the budget
 16  6 to be requested by the state public defender, developing
 16  7 uniform client indigency criteria, identifying and
 16  8 establishing mechanisms for enhancing recoupment and
 16  9 containment of indigent defense costs, developing uniform case
 16 10 tracking mechanisms, developing fee guidelines, and preparing
 16 11 and filing annual reports on indigent defense.
 16 12    The qualifications of the state public defender are further
 16 13 articulated to include experience in defending persons accused
 16 14 of committing criminal offenses.  The state public defender's
 16 15 authorization to contract with persons admitted to practice
 16 16 for purposes of providing legal services to indigent or
 16 17 partially indigent persons is removed and replaced by court
 16 18 appointment of counsel who is willing to accept a given case.
 16 19 The state public defender's annual report is expanded to
 16 20 include the reports made by local public defenders, which are
 16 21 also expanded to give detail on the numbers of cases handled
 16 22 or referred to other counsel and restitution ordered to be
 16 23 paid.
 16 24    County attorneys or their designees are given access to the
 16 25 centralized employee registry maintained by the child support
 16 26 recovery unit of the department of human services for purposes
 16 27 of recovery of restitution ordered by the court.
 16 28    The penalty for three different types of driving while
 16 29 license suspended or revoked offenses is changed from a
 16 30 serious misdemeanor to a serious misdemeanor which is
 16 31 punishable only by a fine of $250.  The penalty applicable to
 16 32 interference with official acts which does not result in
 16 33 injury is changed from a serious misdemeanor to a serious
 16 34 misdemeanor which is punishable only by a fine of $250.
 16 35    Fifty percent of the proceeds from property which is seized
 17  1 or forfeited from a criminal defendant is to be turned over to
 17  2 the clerk of the district court for distribution along with
 17  3 and in the same manner as other revenue received in criminal
 17  4 cases.
 17  5    The hourly rate limits on fees to court-appointed
 17  6 attorneys, which are currently based on the hourly rate
 17  7 established in the contracts between the state public defender
 17  8 and the private contract attorneys, are abolished.  The income
 17  9 level used to determine indigency is lowered from 150 percent
 17 10 of poverty level, as established by the United States
 17 11 department of health and human services, to poverty level.
 17 12 For persons who may be partially indigent, the court is to
 17 13 determine substantial hardship which would result in the
 17 14 appointment of counsel based on the availability of any
 17 15 assets, including but not limited to cash, stocks, bonds, and
 17 16 any other property which may be readily converted to cash.
 17 17    The determination of indigent financial status is amended
 17 18 to require an affidavit of financial status be submitted.  An
 17 19 affidavit is to include the name and address of the person's
 17 20 employer if the person is employed.  A person who submits or
 17 21 for whom an affidavit of financial status is submitted, has a
 17 22 duty to provide the court with any additional information
 17 23 which becomes available during the course of the proceedings.
 17 24 A person who submits false information for an affidavit of
 17 25 financial status commits a fraudulent practice.  The bill
 17 26 clarifies that all indigent defense costs that are recovered
 17 27 in accordance with rules adopted by the state public defender
 17 28 are to be paid to the clerk of the district court.  The bill
 17 29 provides for claims for and payment of fees for services
 17 30 provided prior to actual completion of a criminal or juvenile
 17 31 case.  Criminal indigent defense costs are added to the items
 17 32 which may be paid with receipts from the criminal penalty
 17 33 surcharge which is added to criminal fines.
 17 34    Time spent in custody in another state while resisting
 17 35 extradition back to Iowa following an escape may, if ordered
 18  1 by the court, be credited against a person's sentence under
 18  2 the bill.  Language requiring the state to enforce restitution
 18  3 orders is added to the restitution chapter in the Code.  
 18  4 LSB 2241HC 77
 18  5 lh/jw/5

Text: HSB00228                          Text: HSB00230
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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