Text: HF02469 Text: HF02471 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2470 1 2 1 3 AN ACT 1 4 RELATING TO THE OFFICE OF THE STATE PUBLIC DEFENDER 1 5 INCLUDING INDIGENT DEFENSE COSTS AND THE APPROPRIATION 1 6 OF INDIGENT DEFENSE FUNDS. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 13B.8, subsection 2, Code Supplement 1 11 1999, is amended to read as follows: 1 12 2. The state public defender may appointa local public1 13defenderand may remove the local public defender, assistant 1 14 local public defenders, clerks, investigators, secretaries, or 1 15 other employees for cause. Each local public defender, and 1 16 any assistant local public defender, must be an attorney 1 17 admitted to the practice of law before the Iowa supreme court. 1 18 Sec. 2. Section 232.141, subsection 2, Code Supplement 1 19 1999, is amended to read as follows: 1 20 2. All of the following expenses are a charge upon the 1 21 county in which the proceedings are held, to the extent 1 22 provided in subsection 3: 1 23 a. The fees and mileage of witnesses and the expenses of 1 24 officers serving notices and subpoenas which are incurredin1 25connection with the appointment ofby an attorney appointed by 1 26 the court to serve as counsel to any party or to serve as a 1 27 guardian ad litem for any child. 1 28 b. Reasonable compensation for an attorney appointed by 1 29 the court to serve as counsel to any party or as guardian ad 1 30 litem for any child.However, the amount of compensation paid1 31shall be paid in accordance with section 815.7.1 32 Sec. 3. Section 232.141, subsection 3, paragraph c, Code 1 33 Supplement 1999, is amended to read as follows: 1 34 c. Costs incurredunder subsection 2 which are not paid by1 35the county under paragraphs "a" and "b" shall be paid by the2 1state. However, before any costs are paid, a claim must be2 2submitted to and approved by the state public defender who2 3shall prescribe rules and forms to implement this subsection2 4 for compensation of an attorney appointed by the court to 2 5 serve as counsel to any party or guardian ad litem for any 2 6 child shall be made in accordance with sections 13B.4 and 2 7 815.7. 2 8 Sec. 4. Section 232.141, subsection 3, Code Supplement 2 9 1999, is amended by adding the following new paragraph: 2 10 NEW PARAGRAPH. d. Costs incurred under subsection 2 shall 2 11 be paid by the state. The county shall be required to 2 12 reimburse the indigent defense fund for costs incurred by the 2 13 state up to the county's base in subsection 2. 2 14 Sec. 5. Section 815.7, Code Supplement 1999, is amended to 2 15 read as follows: 2 16 815.7 FEES TO ATTORNEYS. 2 17 An attorney who has not entered into a contract authorized 2 18 under section 13B.4 and who is appointed by the court to 2 19 represent any person charged with a crime in this state, 2 20 seeking postconviction relief, against whom a contempt action 2 21 is pending, appealing a criminal conviction, appealing a 2 22 denial of postconviction relief, or subject to a proceeding 2 23 under chapter 229A, or to serve as counsel for any person or 2 24 guardian ad litem for any child in juvenile court, shall be 2 25 entitled to reasonable compensation and expenses. For 2 26 appointments made on or after July 1, 1999, the reasonable 2 27 compensation shall be calculated on the basis of sixty dollars 2 28 per hour for class "A" felonies, fifty-five dollars per hour 2 29 for class "B" felonies, and fifty dollars per hour for all 2 30 otheroffensescases. The expenses shall include any sums as 2 31 are necessary for investigations in the interest of justice, 2 32 and the cost of obtaining the transcript of the trial record 2 33 and briefs if an appeal is filed. The attorney need not 2 34 follow the case into another county or into the appellate 2 35 court unless so directed by the court. If the attorney 3 1 follows the case into another county or into the appellate 3 2 court, the attorney shall be entitled to compensation as 3 3 provided in this section. Only one attorney fee shall be so 3 4 awarded in any one case except that in class "A" felony cases, 3 5 two may be authorized. 3 6 Sec. 6. Section 815.9, subsection 1, Code Supplement 1999, 3 7 is amended to read as follows: 3 8 1. For purposes of this chapter, chapter 13B, chapter 3 9 229A, chapter 232, chapter 665, chapter 814, chapter 822, and 3 10 the rules of criminal procedure, a person is indigent if the 3 11 person is entitled to an attorney appointed by the court as 3 12 follows: 3 13 a. A person is entitled to an attorney appointed by the 3 14 court to represent the person if the person has an income 3 15 level at or below one hundred twenty-five percent of the 3 16 United States poverty level as defined by the most recently 3 17 revised poverty income guidelines published by the United 3 18 States department of health and human services, unless the 3 19 court determines that the person is able to pay for the cost 3 20 of an attorney to represent the person on the pendingcharges3 21 case. In making the determination of a person's ability to 3 22 pay for the cost of an attorney, the court shall consider not 3 23 only the person's income, but also the availability of any 3 24 assets subject to execution, including but not limited to 3 25 cash, stocks, bonds, and any other property which may be 3 26 applied to the satisfaction of judgments and the seriousness 3 27 of the charge or nature of the case. 3 28 b. A person with an income level greater than one hundred 3 29 twenty-five percent, but at or below two hundred percent, of 3 30 the most recently revised poverty income guidelines published 3 31 by the United States department of health and human services 3 32 shall not be entitled to an attorney appointed by the court, 3 33 unless the court makes a written finding that not appointing 3 34 counsel on the pendingchargescase would cause the person 3 35 substantial hardship. In determining whether substantial 4 1 hardship would result, the court shall consider not only the 4 2 person's income, but also the availability of any assets 4 3 subject to execution, including but not limited to cash, 4 4 stocks, bonds, and any other property which may be applied to 4 5 the satisfaction of judgments and the seriousness of the 4 6 charge or nature of the case. 4 7 c. A person with an income level greater than two hundred 4 8 percent of the most recently revised poverty income guidelines 4 9 published by the United States department of health and human 4 10 services shall not be entitled to an attorney appointed by the 4 11 court, unless the person is charged with a felony and the 4 12 court makes a written finding that not appointing counsel 4 13 would cause the person substantial hardship. In determining 4 14 whether substantial hardship would result, the court shall 4 15 consider not only the person's income, but also the 4 16 availability of any assets subject to execution, including but 4 17 not limited to cash, stocks, bonds, and any other property 4 18 which may be applied to the satisfaction of judgments and the 4 19 seriousness of the charge or nature of the case. 4 20 Sec. 7. Section 815.10, subsection 1, Code Supplement 4 21 1999, is amended to read as follows: 4 22 1. The court, for cause and upon its own motion or upon 4 23 application by an indigent person or a public defender, shall 4 24 appointthe state public defender,the state public defender's 4 25 designee pursuant to section 13B.4, or an attorney pursuant to 4 26 section 13B.9 to represent an indigent person at any stage of 4 27 the criminal, postconviction, contempt, commitment under 4 28 chapter 229A, or juvenile proceedings or on appeal of any 4 29 criminal, postconviction, contempt, commitment under chapter 4 30 229A, or juvenile action in which the indigent person is 4 31 entitled to legal assistance at public expense. However, in 4 32 juvenile cases, the court may directly appoint an existing 4 33 nonprofit corporation established for and engaged in the 4 34 provision of legal services for juveniles. An appointment 4 35 shall not be made unless the person is determined to be 5 1 indigent under section 815.9. Only one attorney shall be 5 2 appointed in all cases, except that in class "A" felony cases 5 3 the court may appoint two attorneys. 5 4 Sec. 8. Section 815.11, Code Supplement 1999, is amended 5 5 to read as follows: 5 6 815.11 APPROPRIATIONS FOR INDIGENT DEFENSE. 5 7 Costs incurred under chapter 229A, 665, or 822, or section 5 8 232.141, subsection 3, paragraph "c", or sections 814.9, 5 9 814.10, 814.11, 815.4, 815.5, 815.6, 815.7, and 815.10, or the 5 10 rules of criminal procedure on behalf of an indigent shall be 5 11 paid from funds appropriated by the general assembly to the 5 12 office of the state public defender in the department of 5 13 inspections and appeals for those purposes. 5 14 Sec. 9. Section 910.2, unnumbered paragraph 1, Code 1999, 5 15 is amended to read as follows: 5 16 In all criminal cases in which there is a plea of guilty, 5 17 verdict of guilty, or special verdict upon which a judgment of 5 18 conviction is rendered, the sentencing court shall order that 5 19 restitution be made by each offender to the victims of the 5 20 offender's criminal activities, to the clerk of court for 5 21 fines, penalties, surcharges, and, to the extent that the 5 22 offender is reasonably able to pay, for crime victim 5 23 assistance reimbursement, restitution to public agencies 5 24 pursuant to section 321J.2, subsection 9, paragraph "b", court 5 25 costs including correctional fees approved pursuant to section 5 26 356.7, court-appointed attorney's fees, orordered pursuant to 5 27 section 815.9 including the expense of a public defender when 5 28 applicable, or contribution to a local anticrime organization. 5 29 However, victims shall be paid in full before fines, 5 30 penalties, and surcharges, crime victim compensation program 5 31 reimbursement, public agencies, court costs including 5 32 correctional fees approved pursuant to section 356.7, court- 5 33 appointed attorney's fees, the expenses of a public defender, 5 34 or contribution to a local anticrime organization are paid. 5 35 In structuring a plan of restitution, the court shall provide 6 1 for payments in the following order of priority: victim, 6 2 fines, penalties, and surcharges, crime victim compensation 6 3 program reimbursement, public agencies, court costs including 6 4 correctional fees approved pursuant to section 356.7, court- 6 5 appointed attorney's fees, or the expense of a public 6 6 defender, and contribution to a local anticrime organization. 6 7 Sec. 10. INDIGENT DEFENSE COSTS. 6 8 1. For an attorney entitled to compensation under section 6 9 815.7 for an appointment made before July 1, 1999, the 6 10 reasonable compensation shall be calculated on the basis of 6 11 fifty-five dollars per hour for class "A" felonies, fifty 6 12 dollars per hour for class "B" felonies, and forty-five 6 13 dollars per hour for all other cases. 6 14 2. For purposes of determining the reasonable basis for 6 15 compensation in juvenile cases under section 815.7, an 6 16 attorney is considered appointed on the date of the first 6 17 dispositional hearing or first review hearing held on or after 6 18 July 1, 1999, and shall be compensated at a rate of fifty 6 19 dollars per hour for and after such hearing. 6 20 6 21 6 22 6 23 BRENT SIEGRIST 6 24 Speaker of the House 6 25 6 26 6 27 6 28 MARY E. KRAMER 6 29 President of the Senate 6 30 6 31 I hereby certify that this bill originated in the House and 6 32 is known as House File 2470, Seventy-eighth General Assembly. 6 33 6 34 6 35 7 1 ELIZABETH ISAACSON 7 2 Chief Clerk of the House 7 3 Approved , 2000 7 4 7 5 7 6 7 7 THOMAS J. VILSACK 7 8 Governor
Text: HF02469 Text: HF02471 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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