Text: HSB00714                          Text: HSB00716
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 715

Bill Text

PAG LIN
  1  1    Section 1.  Section 13B.8, subsection 2, Code Supplement
  1  2 1999, is amended to read as follows:
  1  3    2.  The state public defender may appoint a local public
  1  4 defender and may remove the local public defender, assistant
  1  5 local public defenders, clerks, investigators, secretaries, or
  1  6 other employees for cause.  Each local public defender, and
  1  7 any assistant local public defender, must be an attorney
  1  8 admitted to the practice of law before the Iowa supreme court.
  1  9    Sec. 2.  Section 232.141, subsection 2, Code Supplement
  1 10 1999, is amended to read as follows:
  1 11    2.  All of the following expenses are a charge upon the
  1 12 county in which the proceedings are held, to the extent
  1 13 provided in subsection 3:
  1 14    a.  The fees and mileage of witnesses and the expenses of
  1 15 officers serving notices and subpoenas which are incurred in
  1 16 connection with the appointment of by an attorney appointed by
  1 17 the court to serve as counsel to any party or to serve as a
  1 18 guardian ad litem for any child.
  1 19    b.  Reasonable compensation for an attorney appointed by
  1 20 the court to serve as counsel to any party or as guardian ad
  1 21 litem for any child.  However, the amount of compensation paid
  1 22 shall be paid in accordance with section 815.7.
  1 23    Sec. 3.  Section 232.141, subsection 3, paragraph c, Code
  1 24 Supplement 1999, is amended to read as follows:
  1 25    c.  Costs incurred under subsection 2 which are not paid by
  1 26 the county under paragraphs "a" and "b" shall be paid by the
  1 27 state.  However, before any costs are paid, a claim must be
  1 28 submitted to and approved by the state public defender who
  1 29 shall prescribe rules and forms to implement this subsection
  1 30 for compensation of an attorney appointed by the court to
  1 31 serve as counsel to any party or guardian ad litem for any
  1 32 child shall be made in accordance with sections 13B.4 and
  1 33 815.7.
  1 34    Sec. 4.  Section 232.141, subsection 3, Code Supplement
  1 35 1999, is amended by adding the following new paragraph:
  2  1    NEW PARAGRAPH.  d.  Costs incurred under subsection 2 shall
  2  2 be paid by the state.  The county shall be required to
  2  3 reimburse the indigent defense fund for costs incurred by the
  2  4 state up to the county's base in subsection 2.
  2  5    Sec. 5.  Section 815.7, Code Supplement 1999, is amended to
  2  6 read as follows:
  2  7    815.7  FEES TO ATTORNEYS.
  2  8    An attorney who has not entered into a contract authorized
  2  9 under section 13B.4 and who is appointed by the court to
  2 10 represent any person charged with a crime in this state,
  2 11 seeking postconviction relief, against whom a contempt action
  2 12 is pending, appealing a criminal conviction, appealing a
  2 13 denial of postconviction relief, or subject to a proceeding
  2 14 under chapter 229A, or to serve as counsel for any person or
  2 15 guardian ad litem for any child in juvenile court, shall be
  2 16 entitled to reasonable compensation and expenses.  For
  2 17 appointments made on or after July 1, 1999, the reasonable
  2 18 compensation shall be calculated on the basis of sixty dollars
  2 19 per hour for class "A" felonies, fifty-five dollars per hour
  2 20 for class "B" felonies, and fifty dollars per hour for all
  2 21 other offenses cases.  The expenses shall include any sums as
  2 22 are necessary for investigations in the interest of justice,
  2 23 and the cost of obtaining the transcript of the trial record
  2 24 and briefs if an appeal is filed.  The attorney need not
  2 25 follow the case into another county or into the appellate
  2 26 court unless so directed by the court.  If the attorney
  2 27 follows the case into another county or into the appellate
  2 28 court, the attorney shall be entitled to compensation as
  2 29 provided in this section.  Only one attorney fee shall be so
  2 30 awarded in any one case except that in class "A" felony cases,
  2 31 two may be authorized.
  2 32    Sec. 6.  Section 815.9, subsection 1, Code Supplement 1999,
  2 33 is amended to read as follows:
  2 34    1.  For purposes of this chapter, chapter 13B, chapter
  2 35 229A, chapter 232, chapter 665, chapter 814, chapter 822, and
  3  1 the rules of criminal procedure, a person is indigent if the
  3  2 person is entitled to an attorney appointed by the court as
  3  3 follows:
  3  4    a.  A person is entitled to an attorney appointed by the
  3  5 court to represent the person if the person has an income
  3  6 level at or below one hundred twenty-five percent of the
  3  7 United States poverty level as defined by the most recently
  3  8 revised poverty income guidelines published by the United
  3  9 States department of health and human services, unless the
  3 10 court determines that the person is able to pay for the cost
  3 11 of an attorney to represent the person on the pending charges
  3 12 case.  In making the determination of a person's ability to
  3 13 pay for the cost of an attorney, the court shall consider not
  3 14 only the person's income, but also the availability of any
  3 15 assets subject to execution, including but not limited to
  3 16 cash, stocks, bonds, and any other property which may be
  3 17 applied to the satisfaction of judgments and the seriousness
  3 18 of the charge or nature of the case.
  3 19    b.  A person with an income level greater than one hundred
  3 20 twenty-five percent, but at or below two hundred percent, of
  3 21 the most recently revised poverty income guidelines published
  3 22 by the United States department of health and human services
  3 23 shall not be entitled to an attorney appointed by the court,
  3 24 unless the court makes a written finding that not appointing
  3 25 counsel on the pending charges case would cause the person
  3 26 substantial hardship.  In determining whether substantial
  3 27 hardship would result, the court shall consider not only the
  3 28 person's income, but also the availability of any assets
  3 29 subject to execution, including but not limited to cash,
  3 30 stocks, bonds, and any other property which may be applied to
  3 31 the satisfaction of judgments and the seriousness of the
  3 32 charge or nature of the case.
  3 33    c.  A person with an income level greater than two hundred
  3 34 percent of the most recently revised poverty income guidelines
  3 35 published by the United States department of health and human
  4  1 services shall not be entitled to an attorney appointed by the
  4  2 court, unless the person is charged with a felony and the
  4  3 court makes a written finding that not appointing counsel
  4  4 would cause the person substantial hardship.  In determining
  4  5 whether substantial hardship would result, the court shall
  4  6 consider not only the person's income, but also the
  4  7 availability of any assets subject to execution, including but
  4  8 not limited to cash, stocks, bonds, and any other property
  4  9 which may be applied to the satisfaction of judgments and the
  4 10 seriousness of the charge or nature of the case.
  4 11    Sec. 7.  Section 815.10, subsection 1, Code Supplement
  4 12 1999, is amended to read as follows:
  4 13    1.  The court, for cause and upon its own motion or upon
  4 14 application by an indigent person or a public defender, shall
  4 15 appoint the state public defender, the state public defender's
  4 16 designee pursuant to section 13B.4, or an attorney pursuant to
  4 17 section 13B.9 to represent an indigent person at any stage of
  4 18 the criminal, postconviction, contempt, commitment under
  4 19 chapter 229A, or juvenile proceedings or on appeal of any
  4 20 criminal, postconviction, contempt, commitment under chapter
  4 21 229A, or juvenile action in which the indigent person is
  4 22 entitled to legal assistance at public expense.  However, in
  4 23 juvenile cases, the court may directly appoint an existing
  4 24 nonprofit corporation established for and engaged in the
  4 25 provision of legal services for juveniles.  An appointment
  4 26 shall not be made unless the person is determined to be
  4 27 indigent under section 815.9.  Only one attorney shall be
  4 28 appointed in all cases, except that in class "A" felony cases
  4 29 the court may appoint two attorneys.
  4 30    Sec. 8.  Section 815.11, Code Supplement 1999, is amended
  4 31 to read as follows:
  4 32    815.11  APPROPRIATIONS FOR INDIGENT DEFENSE.
  4 33    Costs incurred under chapter 229A, 665, or 822, or section
  4 34 232.141, subsection 3, paragraph "c", or sections 814.9,
  4 35 814.10, 814.11, 815.4, 815.5, 815.6, 815.7, and 815.10, or the
  5  1 rules of criminal procedure on behalf of an indigent shall be
  5  2 paid from funds appropriated by the general assembly to the
  5  3 office of the state public defender in the department of
  5  4 inspections and appeals for those purposes.
  5  5    Sec. 9.  INDIGENT DEFENSE COSTS.
  5  6    1.  For an attorney entitled to compensation under section
  5  7 815.7 for an appointment made before July 1, 1999, the
  5  8 reasonable compensation shall be calculated on the basis of
  5  9 fifty-five dollars per hour for class "A" felonies, fifty
  5 10 dollars per hour for class "B" felonies, and forty-five
  5 11 dollars per hour for all other cases.
  5 12    2.  For purposes of determining the reasonable basis for
  5 13 compensation in juvenile cases under section 815.7, an
  5 14 attorney is considered appointed on the date of the first
  5 15 dispositional hearing or first review hearing held on or after
  5 16 July 1, 1999, and shall be compensated at a rate of fifty
  5 17 dollars per hour for and after such hearing.  
  5 18                           EXPLANATION
  5 19    This bill relates to the office of the state public
  5 20 defender and indigent defense costs.
  5 21    The amendment to Code section 13B.8 permits the state
  5 22 public defender to appoint an assistant local public defender
  5 23 and any other employee of a local public defender office.
  5 24 Existing law only permits the removal of an assistant local
  5 25 public defender or employee.
  5 26    The amendments to Code section 232.141 concern the county's
  5 27 base cost for juvenile indigent defense.  The bill provides
  5 28 that the state shall pay all juvenile indigent defense costs
  5 29 and then shall seek reimbursement from the county of any costs
  5 30 up to the county's base cost.  Under current law, the county
  5 31 paid all juvenile indigent defense costs, and then sought
  5 32 reimbursement from the state up to the base cost.
  5 33    The amendment to Code section 815.7 broadens a reference
  5 34 regarding attorney compensation to include cases that are not
  5 35 criminal offenses.
  6  1    The amendment to Code section 815.9 requires a judge, in
  6  2 determining whether to appoint an attorney to a case, to
  6  3 examine the nature of a case before appointing an attorney.
  6  4 Under existing law, the court, besides reviewing the financial
  6  5 background of a person, reviewed only the seriousness of the
  6  6 charge committed by the person.
  6  7    The amendment to Code section 815.10 removes the state
  6  8 public defender from the possibility of being appointed by the
  6  9 court to represent an indigent person.  The court may appoint
  6 10 the state public defender's designee or certain other
  6 11 attorneys to represent an indigent person.
  6 12    The amendment to Code section 815.11 changes the placement
  6 13 of appropriated funds for indigent defense costs from the
  6 14 department of inspections and appeals to the office of the
  6 15 state public defender which is located in the department of
  6 16 inspections and appeals.
  6 17    The bill sets the compensation rates for an attorney
  6 18 appointed to represent an indigent prior to July 1, 1999, at
  6 19 the rate of $55 per hour for class "A" felonies, $50 per hour
  6 20 for class "B" felonies, and $45 per hour for all other cases.
  6 21 For purposes of determining the compensation rate for an
  6 22 attorney representing an indigent juvenile, the bill provides
  6 23 that the attorney is considered appointed on the date of the
  6 24 first dispositional hearing or first review hearing held on or
  6 25 after July 1, 1999, at the rate of $50 per hour.  
  6 26 LSB 5370DP 78
  6 27 jm/cls/14
     

Text: HSB00714                          Text: HSB00716
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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