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House Journal: Page 904: Wednesday, March 20, 2002

H-8334

1 Amend Senate File 2301, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 13B.4, subsection 1, Code
6 2001, is amended to read as follows:
7 1. The state public defender shall coordinate the
8 provision of legal representation of all indigents
9 under arrest or charged with a crime, seeking
10 postconviction relief, against whom a contempt action
11 is pending, in proceedings under chapter 229A, on
12 appeal in criminal cases, on appeal in proceedings to
13 obtain postconviction relief when ordered to do so by
14 the district court in which the judgment or order was
15 issued, and on a reopening of a sentence proceeding,
16 and may provide for the representation of indigents in
17 proceedings instituted pursuant to chapter 908 section
18 908.11. The state public defender shall not engage in
19 the private practice of law."
20 2. Page 1, lines 15 and 16, by striking the words
21 "in violation of section 814.11 or 815.10" and
22 inserting the following: "without complying with
23 section 814.11, subsection 6, or section 815.10,
24 subsection 5".
25 3. Page 2, line 5, by striking the words "The
26 party appearing by telephone" and inserting the
27 following: "If the state public defender participates
28 by telephone, the state public defender".
29 4. Page 9, line 9, by striking the figure
30 "908.1,".
31 5. Page 9, line 10, by striking the words and
32 figure "and 908.11, or the rules of criminal
33 procedure" and inserting the following: "or the rules
34 of criminal procedure or 908.11".
35 6. Page 9, by inserting after line 22 the
36 following:
37 "Sec. . Section 908.2, unnumbered paragraph 1,
38 Code 2001, is amended to read as follows:
39 An officer making an arrest of an alleged parole
40 violator shall take the arrested person before a
41 magistrate without unnecessary delay for an initial
42 appearance. At that time the alleged parole violator
43 shall be furnished with a written notice of the
44 claimed violation, shall be advised of the right to
45 appointed counsel under rule 26 of the rules of
46 criminal procedure, and shall be given notice that a
47 parole revocation hearing will take place and that its
48 purpose is to determine whether the alleged parole
49 violation occurred and whether the alleged violator's
50 parole should be revoked.


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