Text: SF02089                           Text: SF02091
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 2090

Partial Bill History

Bill Introduced: S.J. 173
Committee Report Issued: S.J. 172 H.J. 821
Passed House: H.J. 874
Passed Senate: S.J. 212
Signed by Governor: S.J. 986
Complete Bill History

Bill Text

PAG LIN
  1  1                                             SENATE FILE 2090
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO COMPENSATION FOR THE LEGAL DEFENSE OF INDIGENT
  1  5    PERSONS IN PRISON DISCIPLINARY POSTCONVICTION CASES AND
  1  6    PROVIDING AN EFFECTIVE DATE AND FOR RETROACTIVE APPLIC-
  1  7    ABILITY.  
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  Section 822.5, subsection 2, Code 1997, is
  1 12 amended to read as follows:
  1 13    2.  If an applicant confined in a state institution seeks
  1 14 relief under section 822.2, subsection 6, and the court finds
  1 15 in favor of the applicant, or when relief is denied and costs
  1 16 and expenses referred to in subsection 1 cannot be collected
  1 17 from the applicant, these costs and expenses initially shall
  1 18 be paid by the county in which the application was filed state
  1 19 public defender from the indigent defense fund in accordance
  1 20 with the procedures applicable in section 815.7.  The facts of
  1 21 payment and the proceedings on which it is based, with a
  1 22 statement of the amount of costs and expenses incurred, shall
  1 23 be submitted to the county in a timely manner with approval in
  1 24 writing by the presiding or district judge appended to the
  1 25 statement or endorsed on it, and shall be certified by the
  1 26 clerk of the district court under seal to the state executive
  1 27 council.  The executive council shall review the proceedings
  1 28 and authorize reimbursement for the costs and expenses or for
  1 29 that part which the executive council finds justified, and
  1 30 shall notify the director of revenue and finance to draw a
  1 31 warrant to the county treasurer on the state general fund for
  1 32 the amount authorized.
  1 33    Sec. 2.  REIMBURSEMENT TO COUNTIES.  Counties which paid
  1 34 claims to attorneys pursuant to court order under section
  1 35 822.5, subsection 2, prior to the effective date of this Act,
  2  1 but which were not fully reimbursed by the executive council,
  2  2 may file claims with the state appeal board pursuant to
  2  3 chapter 25 for any difference between the amount paid pursuant
  2  4 to court order and the amount reimbursed by the executive
  2  5 council.  The state appeal board shall reimburse the counties
  2  6 for any amount paid pursuant to court order and not fully
  2  7 reimbursed by the executive council.
  2  8    Sec. 3.  EFFECTIVE DATE AND RETROACTIVE APPLICABILITY.
  2  9 This Act, being deemed of immediate importance, takes effect
  2 10 upon enactment and applies retroactively to any claims for
  2 11 costs and expenses which are or were approved by a presiding
  2 12 or district judge on or before the effective date of this Act.  
  2 13 
  2 14 
  2 15                                                             
  2 16                               MARY E. KRAMER
  2 17                               President of the Senate
  2 18 
  2 19 
  2 20                                                             
  2 21                               RON J. CORBETT
  2 22                               Speaker of the House
  2 23 
  2 24    I hereby certify that this bill originated in the Senate and
  2 25 is known as Senate File 2090, Seventy-seventh General Assembly.
  2 26 
  2 27 
  2 28                                                             
  2 29                               MARY PAT GUNDERSON
  2 30                               Secretary of the Senate
  2 31 Approved                , 1998
  2 32 
  2 33 
  2 34                         
  2 35 TERRY E. BRANSTAD
  3  1 Governor

Text: SF02089                           Text: SF02091
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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Last update: Thu Apr 9 03:47:31 CDT 1998
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