Text: SSB03112 Text: SSB03114 Text: SSB03100 - SSB03199 Text: SSB 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 section 811.1A or chapter 229A or 812, on appeal in 1 8 criminal cases, on appeal in proceedings to obtain 1 9 postconviction relief when ordered to do so by the district 1 10 court in which the judgment or order was issued, and on a 1 11 reopening of a sentence proceeding, and may provide for the 1 12 representation of indigents in proceedings instituted pursuant 1 13 to chapter 908. The state public defender shall not engage in 1 14 the private practice of law. 1 15 Sec. 2. Section 229A.7, subsection 1, Code 2001, is 1 16 amended to read as follows: 1 17 1. If the person charged with a sexually violent offense 1 18 has been found incompetent to stand trial and the person is 1 19 about to be released pursuant tosection 812.5chapter 812, or 1 20 the person has been found not guilty of a sexually violent 1 21 offense by reason of insanity, if a petition has been filed 1 22 seeking the person's commitment under this chapter, the court 1 23 shall first hear evidence and determine whether the person did 1 24 commit the act or acts charged. At the hearing on this issue, 1 25 the rules of evidence applicable in criminal cases shall 1 26 apply, and all constitutional rights available to defendants 1 27 at criminal trials, other than the right not to be tried while 1 28 incompetent, shall apply. After hearing evidence on this 1 29 issue, the court shall make specific findings on whether the 1 30 person did commit the act or acts charged, the extent to which 1 31 the person's incompetence or insanity affected the outcome of 1 32 the hearing, including its effect on the person's ability to 1 33 consult with and assist counsel and to testify on the person's 1 34 own behalf, the extent to which the evidence could be 1 35 reconstructed without the assistance of the person, and the 2 1 strength of the prosecution's case. If after the conclusion 2 2 of the hearing on this issue, the court finds, beyond a 2 3 reasonable doubt, that the person did commit the act or acts 2 4 charged, the court shall enter a final order, appealable by 2 5 the person, on that issue, and may proceed to consider whether 2 6 the person should be committed pursuant to this chapter. 2 7 Sec. 3. Section 331.653, subsection 63, Code Supplement 2 8 2001, is amended to read as follows: 2 9 63. Carry out duties relating to the confinement of 2 10 personswith mental illness orwho are considered dangerous 2 11 persons under section 811.1A or persons with mental illness as 2 12 provided insection 812.5chapter 812. 2 13 Sec. 4. NEW SECTION. 811.1A DETENTION HEARING. 2 14 1. When a defendant is awaiting sentencing after 2 15 conviction for a felony or is pursuing an appeal in such a 2 16 case following sentencing, and the defendant would otherwise 2 17 be eligible to be admitted to bail under this chapter, but it 2 18 appears by clear and convincing evidence that if released the 2 19 defendant is likely to pose a danger to another person or to 2 20 the property of others, the defendant may be detained under 2 21 the authority of this section and in the manner provided in 2 22 subsection 2. 2 23 2. The following procedures shall apply to a detention 2 24 hearing: 2 25 a. The prosecuting attorney may initiate a detention 2 26 hearing by a verified ex parte written motion. Upon such 2 27 motion, the district court may issue a warrant for the 2 28 immediate arrest of the defendant, if the defendant is not in 2 29 custody. 2 30 b. The defendant shall be brought before the district 2 31 court within twenty-four hours after arrest, or if the 2 32 defendant is in custody, the defendant shall be brought before 2 33 the district court within twenty-four hours of the prosecuting 2 34 attorney's filing of the motion. The detention hearing shall 2 35 be held within seventy-two hours of the defendant's arrest, or 3 1 if the defendant is in custody, the detention hearing shall be 3 2 held within seventy-two hours of the filing of the motion. 3 3 c. The defendant shall be entitled to representation by 3 4 counsel, including appointed counsel if indigent, and shall be 3 5 entitled to the right of cross-examination and to present 3 6 information, to testify, and to present witnesses in the 3 7 defendant's own behalf, but shall not be entitled to being 3 8 admitted to bail. 3 9 d. Testimony of the defendant given during the hearing 3 10 shall not be admissible on the issue of guilt in any other 3 11 judicial proceeding, subject only to the following exceptions: 3 12 Such testimony shall be admissible in proceedings under 3 13 section 811.2, subsection 8, and section 811.8, and in perjury 3 14 proceedings. 3 15 e. Appeals from orders of detention may be taken in the 3 16 manner provided under section 811.2, subsection 7. 3 17 f. If the trial court issues an order of detention, the 3 18 order shall be accompanied by a written finding of fact and 3 19 the reasons for the detention order. 3 20 g. For the purposes of such proceedings, the trial court 3 21 is not divested of jurisdiction by the filing of a notice of 3 22 appeal. 3 23 Sec. 5. Section 812.3, Code 2001, is amended to read as 3 24 follows: 3 25 812.3 MENTAL INCOMPETENCY OF ACCUSED. 3 26 If at any stage of a criminal proceedingit reasonably3 27appears, the court, upon its own motion, or the prosecutor or 3 28 defense attorney, upon application to the court, alleges that 3 29 probable cause exists that the defendant is suffering from a 3 30 mental disorder which prevents the defendant from appreciating 3 31 the charge, understanding the proceedings, or assisting 3 32 effectively in the defense, the court shall suspend further 3 33 proceedingsmust be suspendedand schedule a hearinghadupon 3 34 that question. The court shall order the defendant to undergo 3 35 a psychiatric evaluation by a qualified physician to determine 4 1 whether the defendant is suffering from a mental disorder 4 2 which prevents the defendant from appreciating the charge, 4 3 understanding the proceedings, or assisting effectively in the 4 4 defense. If a recent examination has been conducted, the 4 5 court is not required to order a new examination and may use 4 6 the recent examination during a hearing under this chapter. 4 7 Sec. 6. Section 812.4, Code 2001, is amended by striking 4 8 the section and inserting in lieu thereof the following: 4 9 812.4 HEARING. 4 10 1. A hearing shall be held within seven days of the filing 4 11 of the order for an examination, or within five days of the 4 12 court's motion or the filing of an application, if the 4 13 defendant has had a recent examination. Pending the hearing, 4 14 no further proceedings shall be taken under the complaint or 4 15 indictment and the defendant's right to a speedy indictment 4 16 and speedy trial shall be tolled until the court finds the 4 17 defendant competent to stand trial. 4 18 2. The defendant shall be entitled to representation by 4 19 counsel, including appointed counsel if indigent, and shall be 4 20 entitled to the right of cross-examination and to present 4 21 evidence. 4 22 3. Testimony of the defendant given during the hearing 4 23 shall not be admissible on the issue of guilt in any other 4 24 judicial proceeding, subject only to the following exceptions: 4 25 Such testimony shall be admissible in proceedings under 4 26 section 811.2, subsection 8, and section 811.8, and in perjury 4 27 proceedings. 4 28 Sec. 7. Section 812.5, Code 2001, is amended by striking 4 29 the section and inserting in lieu thereof the following: 4 30 812.5 FINDINGS. 4 31 The court shall receive all relevant and material evidence 4 32 offered at the hearing and shall not be bound by the formal 4 33 rules of evidence. The evidence shall include the psychiatric 4 34 evaluation ordered under section 812.3 or any recent 4 35 examination of the defendant. 5 1 1. If the court finds the defendant is competent to stand 5 2 trial, the court shall reinstate the criminal proceedings 5 3 suspended under section 812.3. 5 4 2. If the court, by a preponderance of the evidence, finds 5 5 the defendant is suffering from a mental disorder which 5 6 prevents the defendant from appreciating the charge, 5 7 understanding the proceedings, or assisting effectively in the 5 8 defense, the court shall suspend the criminal proceedings 5 9 indefinitely and order the defendant be placed in an inpatient 5 10 treatment program pursuant to section 812.6. 5 11 Sec. 8. NEW SECTION. 812.6 PLACEMENT AND TREATMENT. 5 12 1. If the court finds the defendant does not pose a danger 5 13 to the public peace and safety, is qualified for pretrial 5 14 release, and is willing to cooperate with treatment, the court 5 15 shall order that the defendant obtain a complete psychiatric 5 16 evaluation and undergo mental health treatment designed to 5 17 restore the defendant to competency. 5 18 2. If the court finds that the defendant does not pose a 5 19 danger to the public peace and safety, but the defendant is 5 20 not qualified for pretrial release or is otherwise being held 5 21 in custody, or refuses to cooperate with treatment, the court 5 22 shall commit the defendant to the least restrictive inpatient 5 23 treatment program which the court finds can adequately provide 5 24 the necessary level of treatment and security. The court 5 25 shall order the defendant to receive a complete psychiatric 5 26 evaluation and undergo mental health treatment designed to 5 27 restore the defendant to competency. 5 28 3. If the court finds by clear and convincing evidence 5 29 that the person does pose a danger to the public peace and 5 30 safety, the court shall place the defendant in the custody of 5 31 the director of the department of corrections for treatment at 5 32 the Iowa medical and classification center. 5 33 Sec. 9. NEW SECTION. 812.7 PAYMENT OF COSTS. 5 34 1. The costs of evaluating and treating a defendant 5 35 pursuant to this chapter shall be paid by the following: 6 1 a. The county where the defendant has legal settlement, if 6 2 the defendant is eighteen years of age or older. 6 3 b. The state if the defendant has no legal settlement in 6 4 the state, if the defendant's legal settlement is unknown, if 6 5 the defendant is under eighteen years of age, or if the 6 6 defendant has been committed to the custody of the director of 6 7 the department of corrections. 6 8 2. A person legally liable for the defendant's support is 6 9 personally liable to the county of legal settlement or to the 6 10 state in the same manner and under the same limitations as 6 11 provided in chapter 230. 6 12 3. If at any time the defendant is confined in a county 6 13 jail between the time when the court's motion or the 6 14 application is filed and upon termination of placement, the 6 15 county where the motion or application is filed shall be 6 16 responsible for the costs of confining the defendant. 6 17 Sec. 10. NEW SECTION. 812.8 MENTAL STATUS REPORTS. 6 18 The psychiatrist providing outpatient treatment to the 6 19 defendant or the director of the facility where the defendant 6 20 is being held and treated pursuant to a court order, shall 6 21 provide a written status report to the court within thirty 6 22 days of the defendant's placement. The report shall state 6 23 whether it appears that the defendant is suffering from a 6 24 mental disorder which prevents the defendant from appreciating 6 25 the charge, understanding the proceedings, or assisting 6 26 effectively in the defense, and whether the defendant can be 6 27 restored to competency within a reasonable amount of time. 6 28 Progress reports shall be provided to the court every sixty 6 29 days or less thereafter until the defendant's competency is 6 30 restored or the placement of the defendant is terminated. 6 31 Sec. 11. NEW SECTION. 812.9 RESTORATION OF MENTAL 6 32 COMPETENCY. 6 33 1. A treating psychiatrist may notify the court that a 6 34 defendant receiving treatment should be placed in a more 6 35 suitable inpatient or outpatient treatment setting. 7 1 2. After a medical finding that a substantial probability 7 2 exists that the defendant has acquired the ability to 7 3 appreciate the charge, understand the proceedings, and 7 4 effectively assist in the defendant's defense, the 7 5 psychiatrist providing outpatient treatment to the defendant 7 6 or the director of the inpatient facility providing treatment 7 7 shall immediately notify the court. 7 8 3. Upon a medical finding that a substantial probability 7 9 exists that the defendant's competency will not be restored in 7 10 a reasonable amount of time, and that the defendant is 7 11 suffering from a mental disorder which prevents the defendant 7 12 from appreciating the charge, understanding the proceedings, 7 13 or assisting effectively in the defense, the psychiatrist 7 14 providing the outpatient treatment or the director of the 7 15 inpatient facility providing treatment shall immediately 7 16 notify the court. 7 17 4. Upon receiving notification under this section, the 7 18 court shall schedule a hearing within seven days of the 7 19 notification being filed with the clerk of court. The court 7 20 shall also issue an order to transport the defendant to the 7 21 hearing if the defendant is in custody or is being held in an 7 22 inpatient facility. The defendant shall be transported by the 7 23 sheriff of the county where the court's motion or the 7 24 application was filed. 7 25 a. Upon notification pursuant to subsection 1, the burden 7 26 shall be on the state to prove by clear and convincing 7 27 evidence that the defendant receiving treatment should be 7 28 placed in a more suitable inpatient or outpatient treatment 7 29 setting. If the court finds for the state, the court shall 7 30 place the defendant in the more suitable treatment setting. 7 31 b. Upon notification pursuant to subsection 2, the burden 7 32 shall be on the state to prove by a preponderance of the 7 33 evidence that the defendant is competent to stand trial. If 7 34 the court finds for the state, the court shall terminate the 7 35 placement pursuant to this chapter, and reinstate the criminal 8 1 proceedings against the defendant. 8 2 c. Upon notification pursuant to subsection 3, the burden 8 3 shall be on the state to prove by a preponderance of the 8 4 evidence that a substantial probability exists that the 8 5 defendant's competency will not be restored in a reasonable 8 6 amount of time. 8 7 (1) If the court finds that a substantial probability 8 8 exists that the defendant's competency will not be restored in 8 9 a reasonable amount of time but that the defendant is making 8 10 progress with treatment, the court shall continue the 8 11 placement pursuant to this chapter. The court may change the 8 12 placement of the defendant to a more restrictive placement for 8 13 the purpose of continuing the progress made by the defendant, 8 14 if shown by clear and convincing evidence that a more 8 15 restrictive placement is necessary to continue the progress 8 16 made by the defendant. 8 17 (2) If the court finds that a substantial probability 8 18 exists that the defendant's competency will not be restored in 8 19 a reasonable amount of time, the court shall terminate the 8 20 placement pursuant to this chapter, and dismiss the criminal 8 21 proceedings without prejudice. 8 22 Sec. 12. NEW SECTION. 812.10 LENGTH OF PLACEMENT – 8 23 OTHER COMMITMENT PROCEEDINGS – CRIMINAL PROCEEDINGS AFTER 8 24 TERMINATION OF PLACEMENT. 8 25 1. The defendant shall not be placed in an inpatient 8 26 treatment facility or committed to the department of 8 27 corrections for a period greater in length than the maximum 8 28 term of confinement for the criminal offense of which the 8 29 defendant is accused. The length of the maximum term of 8 30 confinement of the offense of which the defendant is accused 8 31 shall be reduced in accordance with chapter 903A or any other 8 32 law which entitles the defendant to credit. When the 8 33 defendant's placement equals the length of the maximum term of 8 34 confinement, the complaint for the criminal offense of which 8 35 the defendant is accused shall be dismissed with prejudice. 9 1 2. Upon the termination of the defendant's placement 9 2 pursuant to subsection 1, the state may commence civil 9 3 commitment proceedings or any other appropriate commitment 9 4 proceedings or the defendant shall be released by the 9 5 residential treatment facility or the department of 9 6 corrections. 9 7 3. If the placement has been terminated pursuant to 9 8 section 812.9, because the defendant's competency will not be 9 9 restored in a reasonable amount of time, and subsequently it 9 10 appears after termination that the defendant's competency has 9 11 been restored, the state may make application to reinstate the 9 12 criminal proceedings against the defendant, and a hearing 9 13 shall be held as provided in section 812.9, subsection 4. 9 14 Sec. 13. Section 815.7, Code 2001, is amended to read as 9 15 follows: 9 16 815.7 FEES TO ATTORNEYS. 9 17 An attorney who has not entered into a contract authorized 9 18 under section 13B.4 and who is appointed by the court to 9 19 represent any person charged with a crime in this state, 9 20 seeking postconviction relief, against whom a contempt action 9 21 is pending, appealing a criminal conviction, appealing a 9 22 denial of postconviction relief, or subject to a proceeding 9 23 under section 811.1A or chapter 229A or 812, or to serve as 9 24 counsel for any person or guardian ad litem for any child in 9 25 juvenile court, shall be entitled to reasonable compensation 9 26 and expenses. For appointments made on or after July 1, 1999, 9 27 the reasonable compensation shall be calculated on the basis 9 28 of sixty dollars per hour for class "A" felonies, fifty-five 9 29 dollars per hour for class "B" felonies, and fifty dollars per 9 30 hour for all other cases. The expenses shall include any sums 9 31 as are necessary for investigations in the interest of 9 32 justice, and the cost of obtaining the transcript of the trial 9 33 record and briefs if an appeal is filed. The attorney need 9 34 not follow the case into another county or into the appellate 9 35 court unless so directed by the court. If the attorney 10 1 follows the case into another county or into the appellate 10 2 court, the attorney shall be entitled to compensation as 10 3 provided in this section. Only one attorney fee shall be so 10 4 awarded in any one case except that in class "A" felony cases, 10 5 two may be authorized. 10 6 Sec. 14. Section 815.9, subsection 1, unnumbered paragraph 10 7 1, Code 2001, is amended to read as follows: 10 8 For purposes of this chapter,chapterchapters 13B,chapter10 9 229A,chapter232,chapter665, 812,chapter814,chapterand 10 10 822, section 811.1A, and the rules of criminal procedure, a 10 11 person is indigent if the person is entitled to an attorney 10 12 appointed by the court as follows: 10 13 Sec. 15. Section 815.10, subsection 1, Code 2001, is 10 14 amended to read as follows: 10 15 1. The court, for cause and upon its own motion or upon 10 16 application by an indigent person or a public defender, shall 10 17 appoint the state public defender's designee pursuant to 10 18 section 13B.4, or an attorney pursuant to section 13B.9, to 10 19 represent an indigent person at any stage of the criminal, 10 20 postconviction, contempt, commitment under chapter 229A, 10 21 detention under section 811.1A, competency under chapter 812, 10 22 or juvenile proceedings or on appeal of any criminal, 10 23 postconviction, contempt, commitment under chapter 229A, 10 24 detention under section 811.1A, competency under chapter 812, 10 25 or juvenile action in which the indigent person is entitled to 10 26 legal assistance at public expense. However, in juvenile 10 27 cases, the court may directly appoint an existing nonprofit 10 28 corporation established for and engaged in the provision of 10 29 legal services for juveniles. An appointment shall not be 10 30 made unless the person is determined to be indigent under 10 31 section 815.9. Only one attorney shall be appointed in all 10 32 cases, except that in class "A" felony cases the court may 10 33 appoint two attorneys. 10 34 Sec. 16. Section 815.11, Code 2001, is amended to read as 10 35 follows: 11 1 815.11 APPROPRIATIONS FOR INDIGENT DEFENSE. 11 2 Costs incurred under chapter 229A, 665, 812, or 822, or 11 3 section 232.141, subsection 3, paragraph "c", or sections 11 4 811.1A, 814.9, 814.10, 814.11, 815.4, 815.5, 815.6, 815.7, and 11 5 815.10, or the rules of criminal procedure on behalf of an 11 6 indigent shall be paid from funds appropriated by the general 11 7 assembly to the office of the state public defender in the 11 8 department of inspections and appeals for those purposes. 11 9 Sec. 17. Section 904.201, subsection 3, paragraph b, Code 11 10 2001, is amended to read as follows: 11 11 b. Persons committed by the courts as mentally incompetent 11 12 to stand trialunder section 812.4pursuant to section 812.6. 11 13 Sec. 18. Sections 812.1 and 812.2, Code 2001, are 11 14 repealed. 11 15 Sec. 19. IMPLEMENTATION OF ACT. Section 25B.2, subsection 11 16 3, shall not apply to this Act. 11 17 EXPLANATION 11 18 This bill relates to detaining criminal defendants who are 11 19 mentally incompetent or who are dangerous to others or 11 20 property. 11 21 The bill moves Code sections 812.1 and 812.2 relating to 11 22 the confinement of dangerous persons to Code chapter 811, and 11 23 makes some related changes. Current law and the bill provide 11 24 that a person who is awaiting sentencing and who is suspected 11 25 of being a danger to another person or property may be denied 11 26 bail. The county attorney may file a verified ex parte motion 11 27 requesting a detention hearing and asking the court for the 11 28 immediate arrest of the defendant, if the person is not 11 29 already in custody. The bill provides that the detention 11 30 hearing must be brought before the judge within 72 hours of 11 31 the defendant's arrest, or if the defendant is in custody, 11 32 within 72 hours of the filing of the motion. If the court 11 33 finds by clear and convincing evidence that the person is a 11 34 danger to another person or property, the person shall be 11 35 denied bail. 12 1 The bill amends Code chapter 812 relating to detaining a 12 2 criminal defendant who is mentally incompetent to stand trial. 12 3 The bill and current law generally provide that at any stage 12 4 of a criminal proceeding, the court on its own motion, or the 12 5 prosecutor or defense attorney, may make an application to the 12 6 court stating that probable cause exists that the defendant is 12 7 suffering from a mental disorder and is not competent to stand 12 8 trial. Current law and the bill provide that upon the filing 12 9 of a motion, the court shall suspend further proceedings, the 12 10 defendant's right to a speedy indictment and speedy trial are 12 11 tolled, and a hearing must be held on the defendant's 12 12 competency to determine whether the defendant appreciates the 12 13 charge, understands the proceedings, and can effectively 12 14 assist in the defendant's defense. The court may order a 12 15 psychiatric examination of the defendant, or if a recent 12 16 examination exists, the court may use that examination in the 12 17 competency hearing. 12 18 The bill provides that a competency hearing shall be held 12 19 within seven days of the filing of the order for a psychiatric 12 20 examination, or within five days of the filing of an 12 21 application, if the defendant already had a recent 12 22 examination. 12 23 The bill provides that at the competency hearing, if the 12 24 court finds the defendant does not pose a danger to the public 12 25 peace and safety, is qualified for pretrial release, and is 12 26 willing to cooperate with treatment, the court shall order the 12 27 defendant to complete a psychiatric evaluation and undergo 12 28 outpatient treatment. If the court finds the defendant does 12 29 not pose a danger to the public and safety, but is not 12 30 eligible for pretrial release or is unwilling to undergo 12 31 treatment, the court shall place the defendant in the least 12 32 restrictive inpatient treatment program which the court finds 12 33 adequately provides the necessary level of treatment and 12 34 security. The bill provides that if the court finds the 12 35 defendant does pose a danger to the public peace and safety, 13 1 the court shall place the defendant in the custody of the 13 2 department of corrections for treatment at the Iowa medical 13 3 classification center. 13 4 The bill provides that the cost for evaluating and treating 13 5 a defendant pursuant to this bill shall be paid by the county 13 6 where the defendant has legal settlement, if the defendant is 13 7 18 years of age or older. The bill provides that the state 13 8 shall pay the costs if the person has no legal settlement in 13 9 Iowa, or the defendant is under 18 years of age, or the 13 10 defendant is currently in prison or on probation. The bill 13 11 provides that any time a defendant is confined in a county 13 12 jail between the time an application is filed pursuant to the 13 13 bill and termination of placement, the county where the 13 14 application is filed shall be responsible for the costs of 13 15 confinement. The bill provides that a person legally liable 13 16 for the support of the defendant shall reimburse the state or 13 17 the county for any costs paid pursuant to the bill. 13 18 After being ordered to undergo treatment pursuant to the 13 19 bill, the psychiatrist providing outpatient treatment or the 13 20 director of the facility providing inpatient treatment shall 13 21 provide a status report to the court within the first 30 days 13 22 of treatment, and every 60 days thereafter. 13 23 The bill provides that during treatment, the treatment 13 24 providers may notify the court that the defendant receiving 13 25 treatment should be transferred to a more suitable inpatient 13 26 or outpatient treatment setting. The bill provides that the 13 27 burden shall be on the state to prove by a preponderance of 13 28 the evidence that the defendant should be placed in a more 13 29 suitable treatment setting. 13 30 The bill also provides that the treatment providers shall 13 31 immediately notify the court that a substantial probability 13 32 exists that the defendant's competency will be restored or 13 33 will not be restored in a reasonable amount of time. The 13 34 burden shall be on the state to prove by a preponderance that 13 35 the defendant's competency will or will not be restored. The 14 1 bill provides that if the court finds the defendant is 14 2 competent, the court shall terminate the proceedings under 14 3 bill and reinstate the criminal proceedings. The bill 14 4 provides that if the court finds that substantial probability 14 5 exists that the defendant's competency will not be restored, 14 6 the court shall also terminate the proceedings under the bill, 14 7 and the criminal proceedings shall be dismissed without 14 8 prejudice. 14 9 The bill provides that at any time after the criminal 14 10 proceedings have been dismissed due to the defendant's 14 11 incompetency, the state may make an application to the court 14 12 to reinstate the criminal proceedings if it appears the 14 13 defendant's competency has been restored. 14 14 The bill provides that if the defendant is indigent, the 14 15 public defender or a court-appointed attorney shall represent 14 16 the defendant throughout the proceedings. 14 17 The bill may include a state mandate as defined in Code 14 18 section 25B.3. The bill makes inapplicable Code section 14 19 25B.2, subsection 3, which would relieve a political 14 20 subdivision from complying with a state mandate if funding for 14 21 the cost of the state mandate is not provided or specified. 14 22 Therefore, political subdivisions are required to comply with 14 23 any state mandate included in the bill. 14 24 LSB 5649SC 79 14 25 jm/sh/8
Text: SSB03112 Text: SSB03114 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Feb 8 03:30:46 CST 2002
URL: /DOCS/GA/79GA/Legislation/SSB/03100/SSB03113/020207.html
jhf