Text: HF02562 Text: HF02564 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 13B.4, subsection 1, Code 2001, is 1 2 amended to read as follows: 1 3 1. The state public defender shall coordinate the 1 4 provision of legal representation of all indigents under 1 5 arrest or charged with a crime, seeking postconviction relief, 1 6 against whom a contempt action is pending, in proceedings 1 7 under chapter 229A, on appeal in criminal cases, on appeal in 1 8 proceedings to obtain postconviction relief when ordered to do 1 9 so by the district court in which the judgment or order was 1 10 issued, and on a reopening of a sentence proceeding, and may 1 11 provide for the representation of indigents in proceedings 1 12 instituted pursuant to chapter 908. The state public defender 1 13 shall not provide legal representation to a person in a parole 1 14 proceeding. The state public defender shall not engage in the 1 15 private practice of law. 1 16 Sec. 2. Section 815.1, Code 2001, is amended to read as 1 17 follows: 1 18 815.1 COSTS PAYABLE BY STATE IN SPECIAL CASES. 1 19 All costs and fees incurredin a parole revocation1 20proceeding orin a criminal case brought against an inmate of 1 21 a state institution for a crime committed while confined in 1 22 the institution, or for a crime committed by the inmate while 1 23 placed outside the walls or confines of the institution under 1 24 the control and direction of a warden, supervisor, officer, or 1 25 employee of the institution, or for a crime committed by the 1 26 inmate during an escape or other unauthorized departure from 1 27 the institution or from the control of a warden, supervisor, 1 28 officer, or employee of the institution, or from wherever the 1 29 inmate may have been placed by authorized personnel of the 1 30 institution, are waived if the prosecution fails, or if the 1 31 person liable to pay the costs and fees cannot pay the costs 1 32 and fees. An award of attorney fees to a court-appointed 1 33 attorney incurred in these cases shall be paid out of the 1 34 state treasury from the general fund if the prosecution fails 1 35 or if the person liable to pay the attorney fees cannot pay 2 1 them. The facts shall be certified by the clerk of the 2 2 district court under the clerk's seal of office to the 2 3 director of the department of corrections, including a 2 4 statement of the amount of fees or costs incurred, approved by 2 5 the presiding judge in writing. When a conviction is rendered 2 6 and the court orders restitution for costs of the prosecution, 2 7 the inmate, work releasee, or parolee shall make restitution 2 8 to the general fund pursuant to section 910.2. 2 9 Sec. 3. Section 815.10, subsection 1, Code 2001, is 2 10 amended to read as follows: 2 11 1. The court, for cause and upon its own motion or upon 2 12 application by an indigent person or a public defender, shall 2 13 appoint the state public defender's designee pursuant to 2 14 section 13B.4, or an attorney pursuant to section 13B.9, to 2 15 represent an indigent person at any stage of the criminal, 2 16 postconviction, contempt, commitment under chapter 229A, or 2 17 juvenile proceedings or on appeal of any criminal, 2 18 postconviction, contempt, commitment under chapter 229A, or 2 19 juvenile action in which the indigent person is entitled to 2 20 legal assistance at public expense. However,inthe state 2 21 public defender's designee or an attorney subject to 2 22 appointment under section 13B.9 shall not be appointed to 2 23 represent a person in a parole proceeding. In juvenile cases, 2 24 the court may directly appoint an existing nonprofit 2 25 corporation established for and engaged in the provision of 2 26 legal services for juveniles. An appointment shall not be 2 27 made unless the person is determined to be indigent under 2 28 section 815.9. Only one attorney shall be appointed in all 2 29 cases, except that in class "A" felony cases the court may 2 30 appoint two attorneys. 2 31 Sec. 4. Section 908.2, unnumbered paragraph 1, Code 2001, 2 32 is amended to read as follows: 2 33 An officer making an arrest of an alleged parole violator 2 34 shall take the arrested person before a magistrate without 2 35 unnecessary delay for an initial appearance. At that time the 3 1 alleged parole violator shall be furnished with a written 3 2 notice of the claimed violation,shall be advised of the right3 3to appointed counsel under rule 26 of the rules of criminal3 4procedure,and shall be given notice that a parole revocation 3 5 hearing will take place and that its purpose is to determine 3 6 whether the alleged parole violation occurred and whether the 3 7 alleged violator's parole should be revoked. 3 8 EXPLANATION 3 9 This bill relates to legal representation of an indigent 3 10 person in a parole proceeding. 3 11 The bill provides that the state public defender, the state 3 12 public defender's designee, or any other attorney appointed by 3 13 the court to represent an indigent person shall not be 3 14 appointed or provide legal representation for an indigent 3 15 person in a parole proceeding. 3 16 LSB 6874HV 79 3 17 jm/cf/24
Text: HF02562 Text: HF02564 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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