Text: SSB01193 Text: SSB01195 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 8.59, Code 1999, is amended to read as 1 2 follows: 1 3 8.59 APPROPRIATIONS FREEZE. 1 4 Notwithstanding contrary provisions of the Code, the 1 5 amounts appropriated under the applicable sections of the Code 1 6 for fiscal years commencing on or after July 1, 1993, are 1 7 limited to those amounts expended under those sections for the 1 8 fiscal year commencing July 1, 1992. If an applicable section 1 9 appropriates moneys to be distributed to different recipients 1 10 and the operation of this section reduces the total amount to 1 11 be distributed under the applicable section, the moneys shall 1 12 be prorated among the recipients. As used in this section, 1 13 "applicable sections" means the following sections: 53.50, 1 14 229.35, 230.8, 230.11, 405A.8, 411.20, and 663.44, and 822.5. 1 15 Sec. 2. Section 13B.4, subsections 1 through 3, Code 1999, 1 16 are amended to read as follows: 1 17 1. The state public defender shall coordinate the 1 18 provision of legal representation of all indigents under 1 19 arrest or charged with a crime, seeking postconviction relief, 1 20 against whom a contempt action is pending, in proceedings 1 21 under chapter 229A, on appeal in criminal cases, and on appeal 1 22 in proceedings to obtain postconviction relief when ordered to 1 23 do so by the district court in which the judgment or order was 1 24 issued, and may provide for the representation of indigents in 1 25 proceedings instituted pursuant to chapter 908. The state 1 26 public defender shall not engage in the private practice of 1 27 law. 1 28 2. The state public defender shall file with the clerk of 1 29 the district court in each county served by a public defender 1 30 a designation of which local public defender office shall 1 31 receive notice of appointment of cases. Except as otherwise 1 32 provided, in each county in which the state public defender 1 33 files such designation, the state public defender or its 1 34 designee shall be appointed by the court to represent all 1 35 eligible indigents,whether the case is criminal or juvenile2 1in naturein all of the cases and proceedings specified under 2 2 subsection 1. The appointment shall not be made if the state 2 3 public defender notifies the court that the local public 2 4 defender will not provide legal representation in cases 2 5involving offensesas identified in the designation by the 2 6 state public defender. 2 7 3. The state public defender may contract with persons 2 8 admitted to practice law in this state for the provision of 2 9 legal services to indigentor partially indigentpersons. 2 10 Sec. 3. Section 13B.4, subsection 7, Code 1999, is amended 2 11 to read as follows: 2 12 7. The state public defender shall adopt rules, as 2 13 necessary, pursuant to chapter 17A to administer this chapter 2 14 andsection 815.9chapter 815. 2 15 Sec. 4. Section 13B.8, subsection 2, Code 1999, is amended 2 16 to read as follows: 2 17 2. The state public defender may appoint a local public 2 18 defender and may remove the local public defender, assistant 2 19 local public defenders, clerks, investigators, secretaries, or 2 20 other employees for cause.TheEach local public defender, 2 21 and any assistant local public defender, must be an attorney 2 22 admitted to the practice of law before the Iowa supreme court. 2 23 Sec. 5. Section 13B.9, subsection 1, paragraph c, Code 2 24 1999, is amended by striking the paragraph. 2 25 Sec. 6. Section 13B.9, subsection 3, Code 1999, is amended 2 26 by striking the subsection. 2 27 Sec. 7. Section 13B.10, subsections 2 through 4, Code 2 28 1999, are amended by striking the subsections. 2 29 Sec. 8. Section 815.4, Code 1999, is amended to read as 2 30 follows: 2 31 815.4 SPECIAL WITNESSES FOR INDIGENTS. 2 32 Witnesses secured for indigentor partially indigent2 33 defendants under R.Cr.P. 19 must file a claim for compensation 2 34 supported by an affidavit specifying the time expended, 2 35 services rendered, and expenses incurred on behalf of the 3 1 defendant. 3 2 Sec. 9. Section 815.5, Code 1999, is amended to read as 3 3 follows: 3 4 815.5 EXPERT WITNESSES FOR STATE AND DEFENSE. 3 5 Notwithstanding the provisions of section 622.72, 3 6 reasonable compensation as determined by the court shall be 3 7 awarded expert witnesses, expert witnesses for an indigentor3 8partially indigentperson referred to in section 815.4, or 3 9 called by the state in criminal cases. 3 10 Sec. 10. Section 815.7, Code 1999, is amended to read as 3 11 follows: 3 12 815.7 FEES TO ATTORNEYS. 3 13 An attorney who has not entered into a contract authorized 3 14 under section 13B.4 and who is appointed by the court to 3 15 represent any person charged with a crime in this state, 3 16 seeking postconviction relief, against whom a contempt action 3 17 is pending, appealing a criminal conviction, appealing a 3 18 denial of postconviction relief, or subject to a proceeding 3 19 under chapter 229A, or to serve as counsel for any person or 3 20 guardian ad litemto a personfor any child in juvenile court, 3 21in this stateshall be entitled to a reasonable compensation 3 22 which shall be the ordinary and customary charges for like 3 23 services in the community to be decided in each case by a 3 24 judge of the district court or of the juvenile court, as 3 25 applicable, including such sum or sums as the court may 3 26 determine are necessary for investigation in the interests of 3 27 justice and in the event of appeal the cost of obtaining the 3 28 transcript of the trial and the printing of the trial record 3 29 and necessary briefs in behalf of the defendant. However, the 3 30 reasonable compensation awarded an attorney shall not be 3 31 calculated based upon an hourly rate that exceeds the rate a 3 32 contract attorney as provided in section 13B.4 would receive 3 33 in a similar case. Such attorney need not follow the case 3 34 into another county or into the appellate court unless so 3 35 directed by the court at the request of the defendant, where 4 1 grounds for further litigation are not capricious or 4 2 unreasonable, but if such attorney does so, the attorney's fee 4 3 shall be determined accordingly. Only one attorney fee shall 4 4 be so awarded in any one case except that in class "A" felony 4 5 cases, two may be authorized. 4 6 Sec. 11. Section 815.9, Code 1999, is amended to read as 4 7 follows: 4 8 815.9 INDIGENCY DETERMINED – PENALTY. 4 9 1. For purposes of this chapter,section 68.8, section4 10222.22chapter 13B, chapter 229A, chapter 232, chapter 665, 4 11 chapter 814, chapter 822, and the rules of criminal procedure, 4 12the following applya person is indigent if the person is 4 13 entitled to an attorney appointed by the court as follows: 4 14 a. A person isindigententitled to an attorney appointed 4 15 by the court to represent the person if the person has an 4 16 income level at or below one hundredfiftytwenty-five percent 4 17 of the United States poverty level as defined by the most 4 18 recently revised poverty income guidelines published by the 4 19 United States department of health and human services, unless 4 20 the court determines that the person is able to pay for the 4 21 cost of an attorney to represent the person on the pending 4 22 charges. In making the determination of a person's ability to 4 23 pay for the cost of an attorney, the court shall consider not 4 24 only the person's income, but also the availability of any 4 25 assets subject to execution, including but not limited to 4 26 cash, stocks, bonds, and any other property which may be 4 27 applied to the satisfaction of judgments. 4 28b. A person is not indigent if the person has an income4 29level greater than one hundred fifty percent of the United4 30States poverty level as defined by the most recently revised4 31poverty income guidelines published by the United States4 32department of health and human services.4 33cb. A person with an income level greater than one 4 34 hundredfiftytwenty-five percent, butless thanat or below 4 35 two hundred percent, of the most recently revised poverty 5 1 income guidelines published by the United States department of 5 2 health and human servicesmay be deemed partially indigent by5 3 shall not be entitled to an attorney appointed by the court, 5 4 unless the courtpursuant tomakes a written finding that,5 5given the person's circumstances,not appointing counsel on 5 6 the pending charges would cause the person substantial 5 7 hardship.However, the court shall require a person appointed5 8counsel to contribute to the cost of representation in5 9accordance with rules adopted by the state public defender.5 10 In determining whether substantial hardship would result, the 5 11 court shall consider not only the person's income, but also 5 12 the availability of any assets subject to execution, including 5 13 but not limited to cash, stocks, bonds, and any other property 5 14 which may be applied to the satisfaction of judgments. 5 15dc. A person with an income level greater than two 5 16 hundred percent of the most recently revised poverty income 5 17 guidelines published by the United States department of health 5 18 and human services shall not bedeemed indigent or partially5 19indigententitled to any attorney appointed by the court, 5 20 unless the person is charged with a felony and the court makes 5 21 a written finding that, given the person's circumstances,not 5 22 appointing counsel would cause the person substantial 5 23 hardship.However, the court shall require a person appointed5 24counsel to contribute to the cost of representation in5 25accordance with rules adopted by the state public defender.5 26 In determining whether substantial hardship would result, the 5 27 court shall consider not only the person's income, but also 5 28 the availability of any assets subject to execution, including 5 29 but not limited to cash, stocks, bonds, and any other property 5 30 which may be applied to the satisfaction of judgments. 5 31 2. A determination ofthe indigent status ofwhether a 5 32 person is entitled to an appointed attorney shall be made on 5 33 the basis of an affidavit of financial status submitted at the 5 34 time of the person's initial appearancebefore a courtor at 5 35 such later time as a request for court appointment of counsel 6 1 is made.If a person is granted legal assistance as an6 2indigent or partial indigent, the financial statement shall be6 3filed and permanently retained in the person's court file.6 4 The state public defender shall adopt rules prescribing the 6 5 form and content of the affidavit of financialstatement and6 6the criteria by which a determination of indigency shall be6 7basedstatus. The affidavit of financialstatementstatus 6 8 shall be signed under penalty of perjury and shall contain 6 9 sufficient information to allow the determination to be made 6 10 of whether the personmeets the guidelines set out in6 11subsection 1 and shall be accompanied by the person's most6 12recent pay slip, if employedis entitled to an appointed 6 13 attorney under this section. If the person is granted an 6 14 appointed attorney, the affidavit of financial status shall be 6 15 filed and permanently retained in the person's court file. 6 16 3.A person who knowingly submits a false financial6 17statement for the purpose of obtaining legal assistance by6 18appointed counsel commits a fraudulent practice.If a person 6 19 is granted an appointed attorney, the person shall be required 6 20 to reimburse the state for the total cost of legal assistance 6 21 provided to the person.As used in this subsection, "legal6 22assistance" includes legal counsel"Legal assistance" as used 6 23 in this section shall include not only an appointed attorney, 6 24 but also transcripts, witness feesand, expenses, and any 6 25 other goods or services required by law to be provided to an 6 26 indigent person entitled to an appointed attorney. 6 27 4. If the case is a criminal case, all costs and fees 6 28 incurred for legal assistance shall become due and payable to 6 29 the clerk of the district court by the person receiving the 6 30 legal assistance not later than the date of sentencing, or if 6 31 the person is acquitted or the charges are dismissed, within 6 32 thirty days of the acquittal or dismissal. 6 33 5. If the case is other than a criminal case, all costs 6 34 and fees incurred for legal assistance shall become due and 6 35 payable to the clerk of the district court by the person 7 1 receiving the legal assistance not later than ten days from 7 2 the date of any court ruling or trial held in the case, or if 7 3 the case is dismissed, within ten days of the dismissal. 7 4 6. An appointed attorney shall submit a report pertaining 7 5 to the costs and fees for legal assistance to the court at the 7 6 times specified in subsections 4 and 5. If the appointed 7 7 attorney is a public defender, the report shall specify the 7 8 total hours of service plus other expenses. If the appointed 7 9 attorney is a private attorney, the total amount of legal 7 10 assistance shall be the total amount of the fees claimed by 7 11 the appointed attorney together with other expenses. 7 12 7. If all costs and fees incurred for legal assistance are 7 13 not paid at the times specified in subsections 4 and 5, the 7 14 court shall order payment of the costs and fees in reasonable 7 15 installments. 7 16 8. If a person is granted an appointed attorney or is 7 17 receiving legal assistance in accordance with this section and 7 18 the person is employed, the person shall execute an assignment 7 19 of wages. An order for assignment of income, in a reasonable 7 20 amount to be determined by the court, shall also be entered by 7 21 the court. The state public defender shall prescribe forms 7 22 for use in wage assignments and court orders entered under 7 23 this section. 7 24 9. If any costs and fees are not paid at the times 7 25 specified under subsections 4 and 5, a judgment shall be 7 26 entered against the person for any unpaid amounts. 7 27 Sec. 12. Section 815.10, Code 1999, is amended to read as 7 28 follows: 7 29 815.10 APPOINTMENT OF COUNSEL BY COURT. 7 30 1. The court, for cause and upon its own motion or upon 7 31 application by an indigent person or a public defender, shall 7 32 appoint the state public defender, the state public defender's 7 33 designee pursuant to section 13B.4, or an attorney pursuant to 7 34 section 13B.9 to represent an indigent person at any stage of 7 35 the criminal, postconviction, contempt, commitment under 8 1 chapter 229A, or juvenile proceedings or on appeal of any 8 2 criminal, postconviction, contempt, commitment under chapter 8 3 229A, or juvenile action in which the indigent person is 8 4 entitled to legal assistance at public expense. However, in 8 5 juvenile cases, the court may directly appoint an existing 8 6 nonprofit corporation established for and engaged in the 8 7 provision of legal services for juveniles. An appointment 8 8 shall not be made unless the person is determined to be 8 9 indigent under section 815.9. Only one attorney shall be 8 10 appointed in all cases, except that in class "A" felony cases 8 11 the court may appoint two attorneys. 8 12 2. An attorney other than a public defenderor a contract8 13attorneywho is appointed by the court under this section 8 14 shall apply to thedistrict courtstate public defender for 8 15 compensation and for reimbursement of costs incurred. The 8 16 amount of compensation due shall be determined in accordance 8 17 with any indigent defense contract or pursuant to section 8 18 815.7. 8 19 3.A contract attorney appointed by the court pursuant to8 20this section and section 13B.4 shall apply to the state public8 21defender for compensation and for reimbursement of costs8 22incurred in accordance with the contract. The amount of8 23compensation due shall be determined in accordance with the8 24contract.The state public defender shall adopt rules which 8 25 specify the information which shall be included with all 8 26 claims for compensation submitted by court-appointed attorneys 8 27 under this section. If the information required under this 8 28 section and the rules of the state public defender is not 8 29 submitted, the claim may be denied until the information is 8 30 provided. If the information required under this section and 8 31 the rules of the state public defender is submitted with the 8 32 claim, the state public defender may approve reasonable and 8 33 proper compensation to the court-appointed attorney in the 8 34 manner provided in the rules. 8 35 Sec. 13. Section 815.11, Code 1999, is amended to read as 9 1 follows: 9 2 815.11 APPROPRIATIONS FOR INDIGENT DEFENSE. 9 3 Costs incurred under chapter 229A, 665, or 822, or section 9 4 232.141, subsection 3, paragraph "c", or sections 814.9, 9 5 814.10, 814.11, 815.4, 815.5, 815.6, 815.7, and 815.10, or the 9 6 rules of criminal procedure on behalf of an indigent shall be 9 7 paid from funds appropriated by the general assembly to the 9 8 department of inspections and appeals for those purposes. 9 9 Sec. 14. EMERGENCY RULES. The office of the state public 9 10 defender of the department of inspections and appeals may 9 11 adopt administrative rules under section 17A.4, subsection 2, 9 12 and section 17A.5, subsection 2, paragraph "b", to implement 9 13 the provisions of this Act. The rules shall become effective 9 14 immediately upon filing, unless a later effective date is 9 15 specified in the rules. Any rules adopted in accordance with 9 16 this section shall not take effect before the rules are 9 17 reviewed by the administrative rules review committee. Any 9 18 rules adopted in accordance with the provisions of this 9 19 section shall also be published as notice of intended action 9 20 as provided in section 17A.4. 9 21 Sec. 15. Sections 815.9A and 815.10A, Code 1999, are 9 22 repealed. 9 23 EXPLANATION 9 24 This bill makes changes pertaining to the payment of costs 9 25 for the defense of indigent persons in criminal, juvenile, 9 26 postconviction, contempt actions, and certain other civil 9 27 actions. The duties and authority of the state public 9 28 defender are amended to add postconviction relief and contempt 9 29 actions and civil commitments of sexually violent predators to 9 30 the kinds of cases which are to be handled by that office. 9 31 The state public defender is given the authority to appoint or 9 32 remove for cause assistant local public defenders, 9 33 secretaries, and investigators. Existing law only permits the 9 34 appointment or removal of the managing local public defender. 9 35 The bill also changes the procedures for determination of 10 1 an individual's indigence and consequent eligibility for 10 2 court-appointed counsel at state expense. The requirement 10 3 that the state public defender's office make an initial 10 4 determination of indigence prior to the initial arraignment or 10 5 other initial court appearance is eliminated and all 10 6 references to determinations of indigency are transferred to 10 7 Code chapter 815. A person is indigent and entitled to court- 10 8 appointed counsel if the person has an income level at or 10 9 below 125 percent of poverty level. This is below the current 10 10 150 percent of poverty level ceiling. In determining 10 11 eligibility, the court is to consider not only the person's 10 12 income, but assets subject to execution and any other property 10 13 which may be applied to the satisfaction of judgments. Those 10 14 persons whose income falls above the new threshold are not 10 15 entitled to court-appointed counsel unless the court makes a 10 16 written determination that not appointing counsel on the 10 17 pending charges would cause the person substantial hardship. 10 18 Like the original determination of eligibility, the 10 19 determination of substantial hardship is to be based not only 10 20 on the person's income, but also on assets subject to 10 21 execution and any other property which may be applied to the 10 22 satisfaction of judgments. A person who receives court- 10 23 appointed counsel and is employed is required to execute an 10 24 assignment of wages and the court is to enter an order for 10 25 assignment of income on forms prescribed by the state public 10 26 defender. If a person is not able to pay the costs of court- 10 27 appointed counsel when the costs are due, the court may 10 28 provide for payment on an installment basis. 10 29 LSB 2192XL 78 10 30 jm/jw/5
Text: SSB01193 Text: SSB01195 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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