Text: H08333                            Text: H08335
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8334

Amendment Text

PAG LIN
  1  1    Amend Senate File 2301, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  Section 13B.4, subsection 1, Code
  1  6 2001, is amended to read as follows:
  1  7    1.  The state public defender shall coordinate the
  1  8 provision of legal representation of all indigents
  1  9 under arrest or charged with a crime, seeking
  1 10 postconviction relief, against whom a contempt action
  1 11 is pending, in proceedings under chapter 229A, on
  1 12 appeal in criminal cases, on appeal in proceedings to
  1 13 obtain postconviction relief when ordered to do so by
  1 14 the district court in which the judgment or order was
  1 15 issued, and on a reopening of a sentence proceeding,
  1 16 and may provide for the representation of indigents in
  1 17 proceedings instituted pursuant to chapter 908 section
  1 18 908.11.  The state public defender shall not engage in
  1 19 the private practice of law."
  1 20    #2.  Page 1, lines 15 and 16, by striking the words
  1 21 "in violation of section 814.11 or 815.10" and
  1 22 inserting the following:  "without complying with
  1 23 section 814.11, subsection 6, or section 815.10,
  1 24 subsection 5".
  1 25    #3.  Page 2, line 5, by striking the words "The
  1 26 party appearing by telephone" and inserting the
  1 27 following:  "If the state public defender participates
  1 28 by telephone, the state public defender".
  1 29    #4.  Page 9, line 9, by striking the figure
  1 30 "908.1,".
  1 31    #5.  Page 9, line 10, by striking the words and
  1 32 figure "and 908.11, or the rules of criminal
  1 33 procedure" and inserting the following:  "or the rules
  1 34 of criminal procedure or 908.11".
  1 35    #6.  Page 9, by inserting after line 22 the
  1 36 following:
  1 37    "Sec.    .  Section 908.2, unnumbered paragraph 1,
  1 38 Code 2001, is amended to read as follows:
  1 39    An officer making an arrest of an alleged parole
  1 40 violator shall take the arrested person before a
  1 41 magistrate without unnecessary delay for an initial
  1 42 appearance.  At that time the alleged parole violator
  1 43 shall be furnished with a written notice of the
  1 44 claimed violation, shall be advised of the right to
  1 45 appointed counsel under rule 26 of the rules of
  1 46 criminal procedure, and shall be given notice that a
  1 47 parole revocation hearing will take place and that its
  1 48 purpose is to determine whether the alleged parole
  1 49 violation occurred and whether the alleged violator's
  1 50 parole should be revoked.
  2  1    Sec.    .  Section 908.4, Code 2001, is amended to
  2  2 read as follows:
  2  3    908.4  PAROLE REVOCATION HEARING.
  2  4    1.  The parole revocation hearing shall be
  2  5 conducted by an administrative parole and probation
  2  6 judge who is an attorney.  The revocation hearing
  2  7 shall determine the following:
  2  8    1. a.  Whether the alleged parole violation
  2  9 occurred.
  2 10    2. b.  Whether the violator's parole should be
  2 11 revoked.
  2 12    2.  The administrative parole and probation judge
  2 13 shall make a verbatim record of the proceedings.  The
  2 14 alleged violator shall not have the right to appointed
  2 15 counsel, shall be informed of the evidence against the
  2 16 violator, shall be given an opportunity to be heard,
  2 17 shall have the right to present witnesses and other
  2 18 evidence, and shall have the right to cross-examine
  2 19 adverse witnesses, except if the judge finds that a
  2 20 witness would be subjected to risk or harm if the
  2 21 witness's identity were disclosed.  The revocation
  2 22 hearing may be conducted electronically."
  2 23    #7.  By renumbering as necessary.  
  2 24 
  2 25 
  2 26                               
  2 27 SHEY of Linn
  2 28 SF 2301.701 79
  2 29 jm/cls
     

Text: H08333                            Text: H08335
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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