Text: HF00348                           Text: HF00350
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 349

Partial Bill History

Bill Introduced: H.J. 442
Committee Report Issued: S.J. 834
Passed House: H.J. 614
Passed Senate: S.J. 900
Signed by Governor: H.J. 1253
Complete Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 349     
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE REPRESENTATION OF INDIGENT PERSONS AND
  1  5    INDIGENT DEFENSE CLAIMS.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 13B.4, subsection 4, paragraph d,
  1 10 subparagraph (2), Code 2003, is amended to read as follows:
  1 11    (2)  The motion shall be set for hearing by the court and
  1 12 the state public defender shall be provided with at least ten
  1 13 days' notice of any the hearing on the motion.  The state
  1 14 public defender shall not be required to file a resistance to
  1 15 the motion filed under this paragraph "d".
  1 16    Sec. 2.  Section 13B.4, subsection 4, paragraph d, Code
  1 17 2003, is amended by adding the following new subparagraph:
  1 18    NEW SUBPARAGRAPH.  (7)  Any court order entered after the
  1 19 state public defender has taken action on a claim, which
  1 20 affects that claim, without first notifying the state public
  1 21 defender and permitting the state public defender an
  1 22 opportunity to be heard, is void.
  1 23    Sec. 3.  Section 13B.4, Code 2003, is amended by adding the
  1 24 following new subsection:
  1 25    NEW SUBSECTION.  6A.  The state public defender shall not
  1 26 revise the allocations to the office of the state public
  1 27 defender and the allocations for fees of court-appointed
  1 28 attorneys for indigent adults and juveniles, unless notice of
  1 29 the revisions is given prior to their effective date to the
  1 30 legislative fiscal bureau, the cochairpersons and ranking
  1 31 members of the joint appropriations subcommittee on the
  1 32 justice system, and the cochairpersons and ranking members of
  1 33 the house and senate committees on appropriations.
  1 34    Sec. 4.  Section 13B.9, subsection 4, Code 2003, is amended
  1 35 to read as follows:
  2  1    4.  If a conflict of interest arises or if the local public
  2  2 defender is unable to handle a case because of a temporary
  2  3 overload of cases, the local public defender shall return the
  2  4 case to the court.  If the case is returned and the state
  2  5 public defender has filed a successor designation, the court
  2  6 shall appoint the successor designee.  If there is no
  2  7 successor designee on file, the court shall make the
  2  8 appointment pursuant to section 815.10.  As used in this
  2  9 subsection, "successor designee" may include another local
  2 10 public defender office or a nonprofit organization that has a
  2 11 contract with the office of the state public defender for the
  2 12 provision of legal services to indigent persons.
  2 13    Sec. 5.  Section 815.11, Code 2003, is amended to read as
  2 14 follows:
  2 15    815.11  APPROPRIATIONS FOR INDIGENT DEFENSE.
  2 16    Costs incurred under chapter 229A, 665, or 822, or section
  2 17 232.141, subsection 3, paragraph "c", or section 598.23A,
  2 18 814.9, 814.10, 814.11, 815.4, 815.5, 815.7, 815.10, or 908.11
  2 19 on behalf of an indigent shall be paid from funds appropriated
  2 20 by the general assembly to the office of the state public
  2 21 defender in the department of inspections and appeals for
  2 22 those purposes.  Costs incurred in any administrative
  2 23 proceeding or in any other proceeding under chapter 598, 600A,
  2 24 633, or 915, or other provisions of the Code or administrative
  2 25 rules are not payable from these funds.  
  2 26 
  2 27 
  2 28                                                             
  2 29                               CHRISTOPHER C. RANTS
  2 30                               Speaker of the House
  2 31 
  2 32 
  2 33                                                             
  2 34                               MARY E. KRAMER
  2 35                               President of the Senate
  3  1 
  3  2    I hereby certify that this bill originated in the House and
  3  3 is known as House File 349, Eightieth General Assembly.
  3  4 
  3  5 
  3  6                                                             
  3  7                               MARGARET THOMSON
  3  8                               Chief Clerk of the House
  3  9 Approved                , 2003
  3 10 
  3 11 
  3 12                            
  3 13 THOMAS J. VILSACK
  3 14 Governor

Text: HF00348                           Text: HF00350
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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