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Senate File 2339

Partial Bill History

Bill Introduced: S.J. 423
Committee Report Issued: S.J. 435 H.J. 823
Passed House: H.J. 1325
Passed Senate: S.J. 566 S.J. 1189
Signed by Governor: S.J. 1408
Complete Bill History

Bill Text

PAG LIN
  1  1 
  1  2                                       SENATE FILE 2339
  1  3 
  1  4                             AN ACT
  1  5 RELATING TO AN INMATE'S RIGHT TO COUNSEL IN A POST-
  1  6    CONVICTION PROCEEDING PERTAINING TO A FORFEITURE
  1  7    OF A REDUCTION IN SENTENCE OR THE UNLAWFUL HOLDING
  1  8    OF A PERSON IN CUSTODY OR RESTRAINT.
  1  9 
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1 11 
  1 12    Section 1.  Section 822.5, Code 1997, is amended to read as
  1 13 follows:
  1 14    822.5  PAYMENT OF COSTS.
  1 15    1.  If the applicant is unable to pay court costs and
  1 16 expenses of legal representation, including stenographic, and
  1 17 printing, or other legal services or consultation expenses,
  1 18 these costs and expenses shall be made available to the
  1 19 applicant in the preparation of the application, in the trial
  1 20 court, and on review.  Unless the applicant is confined in a
  1 21 state institution and is seeking relief under section 822.2,
  1 22 subsections 5 and 6, the costs and expenses of legal
  1 23 representation shall also be made available to the applicant
  1 24 in the preparation of the application, in the trial court, and
  1 25 on review if the applicant is unable to pay.  However, nothing
  1 26 in this section shall be interpreted to require payment of
  1 27 expenses of legal representation, including stenographic,
  1 28 printing, or other legal services or consultation, when the
  1 29 applicant is self-represented or is utilizing the services of
  1 30 an inmate.
  1 31    2.  If an applicant confined in a state institution seeks
  1 32 relief under section 822.2, subsection 6, and the court finds
  1 33 in favor of the applicant, or when relief is denied and costs
  1 34 and expenses referred to in subsection 1 cannot be collected
  1 35 from the applicant, these costs and expenses initially shall
  2  1 be paid by the county in which the application was filed.  The
  2  2 facts of payment and the proceedings on which it is based,
  2  3 with a statement of the amount of costs and expenses incurred,
  2  4 shall be submitted to the county in a timely manner with
  2  5 approval in writing by the presiding or district judge
  2  6 appended to the statement or endorsed on it, and shall be
  2  7 certified by the clerk of the district court under seal to the
  2  8 state executive council.  The executive council shall review
  2  9 the proceedings and authorize reimbursement for the costs and
  2 10 expenses or for that part which the executive council finds
  2 11 justified, and shall notify the director of revenue and
  2 12 finance to draw a warrant to the county treasurer on the state
  2 13 general fund for the amount authorized.  
  2 14 
  2 15 
  2 16                                                             
  2 17                               MARY E. KRAMER
  2 18                               President of the Senate
  2 19 
  2 20 
  2 21                                                             
  2 22                               RON J. CORBETT
  2 23                               Speaker of the House
  2 24 
  2 25    I hereby certify that this bill originated in the Senate and
  2 26 is known as Senate File 2339, Seventy-seventh General Assembly.
  2 27 
  2 28 
  2 29                                                             
  2 30                               MARY PAT GUNDERSON
  2 31                               Secretary of the Senate
  2 32 Approved                , 1998
  2 33 
  2 34 
  2 35                         
  3  1 TERRY E. BRANSTAD
  3  2 Governor

Text: SF02338                           Text: SF02340
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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