Text: S05773 Text: S05775 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, S-5743, to Senate File 2281, 1 2 as amended, passed, and reprinted by the Senate, as 1 3 follows: 1 4 #1. Page 1, by inserting after line 27 the 1 5 following: 1 6 "# . Page 4, by inserting after line 23 the 1 7 following: 1 8 "Sec. ___. Section 28E.19, Code 1997, is amended 1 9 to read as follows: 1 10 28E.19 JOINT COUNTY INDIGENT DEFENSE FUND. 1 11 Two or more counties may execute an agreement under 1 12 this chapter to create a joint county indigent defense 1 13 fund to be used to compensate attorneys appointed to 1 14 represent indigentsunder section 815.10 when funds1 15budgeted for that purpose are exhaustedin those 1 16 instances in which a county is responsible for 1 17 payment. In addition to other requirements of an 1 18 agreement under this chapter, the agreement shall 1 19 provide for the amount to be paid by each county based 1 20 on its population to establish and maintain an 1 21 appropriate balance in the joint fund, and for a 1 22 method of repayment if a county withdraws more funds 1 23 than it has contributed." 1 24 # . Page 4, by inserting after line 25 the 1 25 following: 1 26 "Sec. ___. Section 125.78, subsections 1 and 2, 1 27 Code 1997, are amended to read as follows: 1 28 1. Determine whether the respondent has an 1 29 attorney who is able and willing to represent the 1 30 respondent in the commitment proceeding, and if not, 1 31 whether the respondent is financially able to employ 1 32 an attorney and capable of meaningfully assisting in 1 33 selecting an attorney. In accordance with those 1 34 determinations, the court shall allow the respondent 1 35 to select an attorney or shall assign an attorney to 1 36 the respondent. If the respondent is financially 1 37 unable to pay an attorney, the county shall pay the 1 38 attorneyshall be compensated in substantially the1 39same manner as provided by section 815.7, except that1 40if the county has a public defender, the court may1 41assign the public defender or an attorney on the1 42public defender's staff as the respondent's attorney1 43 reasonable compensation which shall be the ordinary 1 44 and customary charges for like services in the county 1 45 to be determined in each case by the district court. 1 46 Compensation shall include any sum or sums as may be 1 47 necessary for investigation in the interests of 1 48 justice and, in the event of any appeal, the cost of 1 49 obtaining the transcript of the trial and the printing 1 50 of the trial record and any necessary briefs. 2 1 2. If the application includes a request for a 2 2 court-appointed attorney for the applicant and the 2 3 court is satisfied that a court-appointed attorney is 2 4 necessary to assist the applicant in a meaningful 2 5 presentation of the evidence, and that the applicant 2 6 is financially unable to employ an attorney, the court 2 7 shall appoint an attorney to represent the applicant. 2 8 The county shall pay the attorneyshall be compensated2 9in substantially the same manner as provided by2 10section 815.7reasonable compensation which shall be 2 11 the ordinary and customary charges for like services 2 12 in the county to be determined in each case by the 2 13 district court. Compensation shall include any sum or 2 14 sums as may be necessary for investigation in the 2 15 interests of justice and, in the event of any appeal, 2 16 the cost of obtaining the transcript of the trial and 2 17 the printing of the trial record and any necessary 2 18 briefs. 2 19 Sec. ___. Section 222.13A, subsection 4, Code 2 20 1997, is amended to read as follows: 2 21 4. As soon as practicable after the filing of a 2 22 petition for approval of the voluntary admission, the 2 23 court shall determine whether the minor has an 2 24 attorney to represent the minor in the proceeding. If 2 25 the minor does not have an attorney, the court shall 2 26 assign to the minor an attorney. If the minor is 2 27 unable to pay for an attorney,the attorney shall be2 28compensated in substantially the same manner as2 29provided in section 815.7the county shall pay the 2 30 attorney reasonable compensation which shall be the 2 31 ordinary and customary charges for like services in 2 32 the county to be determined in each case by the 2 33 district court. Compensation shall include any sum or 2 34 sums as may be necessary for investigation in the 2 35 interests of justice and, in the event of any appeal, 2 36 the cost of obtaining the transcript of the trial and 2 37 the printing of the trial record and any necessary 2 38 briefs. 2 39 Sec. ___. Section 222.22, Code 1997, is amended to 2 40 read as follows: 2 41 222.22 TIME OF APPEARANCE. 2 42 The time of appearance shall not be less than five 2 43 days after completed service unless the court orders 2 44 otherwise. Appearance on behalf of the person who is 2 45 alleged to have mental retardation may be made by any 2 46 citizen of the county or by any relative. The 2 47 district court shall assign counsel for the person who 2 48 is alleged to have mental retardation. Counsel shall 2 49 prior to proceedings personally consult with the 2 50 person who is alleged to have mental retardation 3 1 unless the judge appointing counsel certifies that in 3 2 the judge's opinion, consultation shall serve no 3 3 useful purpose. The certification shall be made a 3 4 part of the record.An attorney assigned by the court3 5shall receive compensation as the district court shall3 6fix to be paid in the first instance by the county.3 7 The county, in the first instance, shall pay the 3 8 attorney assigned by the court reasonable compensation 3 9 which shall be the ordinary and customary charges for 3 10 like services in the county to be determined in each 3 11 case by the district court. Compensation shall 3 12 include any sum or sums as may be necessary for 3 13 investigation in the interests of justice and, in the 3 14 event of any appeal, the cost of obtaining the 3 15 transcript of the trial and the printing of the trial 3 16 record and any necessary briefs. 3 17 Sec. ___. Section 229.8, subsection 1, Code 1997, 3 18 is amended to read as follows: 3 19 1. Determine whether the respondent has an 3 20 attorney who is able and willing to represent the 3 21 respondent in the hospitalization proceeding, and if 3 22 not, whether the respondent is financially able to 3 23 employ an attorney and capable of meaningfully 3 24 assisting in selecting one. In accordance with those 3 25 determinations, the court shall if necessary allow the 3 26 respondent to select, or shall assign to the 3 27 respondent, an attorney. If the respondent is 3 28 financially unable to pay an attorney,the attorney3 29shall be compensated in substantially the manner3 30provided by section 815.7, except that if the county3 31has a public defender the court may designate the3 32public defender or an attorney on the public3 33defender's staff to act as the respondent's attorney3 34 the county shall pay the attorney reasonable 3 35 compensation which shall be the ordinary and customary 3 36 charges for like charges for like services in the 3 37 county, which shall be determined in each by the 3 38 district court. Compensation shall include any sum or 3 39 sums as may be necessary for investigation in the 3 40 interests of justice and, in the event of any appeal, 3 41 the cost of obtaining the transcript of the trial and 3 42 the printing of the trial record and any necessary 3 43 briefs." 3 44 # . By striking page 4, line 26, through page 5, 3 45 line 17, and inserting the following: 3 46 "Sec. ___. Section 229.19, unnumbered paragraph 3, 3 47 Code 1997, is amended to read as follows: 3 48 The court or, if the advocate is appointed by the 3 49 county board of supervisors, the board shall prescribe 3 50 reasonable compensation for the services of the 4 1 advocate. The compensation shall be based upon the 4 2 reports filed by the advocate with the court. The 4 3 advocate's compensation shall be paid by the county in 4 4 which the court is located, either on order of the 4 5 court or, if the advocate is appointed by the county 4 6 board of supervisors, on the direction of the board. 4 7 If the advocate is appointed by the court, the 4 8 advocate is an employee of the state for purposes of 4 9 chapter 669. If the advocate is appointed by the 4 10 county board of supervisors, the advocate is an 4 11 employee of the county for purposes of chapter 670. 4 12 If the patient or the person who is legally liable for 4 13 the patient's support is not indigent, the board shall 4 14 recover the costs of compensating the advocate from 4 15 that person. If that person has an income levelas4 16determined pursuant to section 815.9greater than one 4 17 hundred percent but not more than one hundred fifty 4 18 percent of the poverty guidelines, at least one 4 19 hundred dollars of the advocate's compensation shall 4 20 be recoveredin accordance with rules adopted by the4 21state public defender. If that person has an income 4 22 levelas determined pursuant to section 815.9greater 4 23 than one hundred fifty percent of the poverty 4 24 guidelines, at least two hundred dollars of the 4 25 advocate's compensation shall be recoveredin4 26accordance with rules adopted by the state public4 27defender."" 4 28 #2. By renumbering as necessary. 4 29 4 30 4 31 4 32 O. GENE MADDOX 4 33 SF 2281.205 77 4 34 lh/jl/28
Text: S05773 Text: S05775 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
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