Text: HF02324 Text: HF02326 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 2325
1 2
1 3 AN ACT
1 4 RELATING TO RAISING AN INEFFECTIVE ASSISTANCE OF COUNSEL CLAIM
1 5 AGAINST AN ATTORNEY IN A CRIMINAL CASE ON APPEAL.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. Section 13B.9, subsection 2, Code Supplement
1 10 2003, is amended to read as follows:
1 11 2. An attorney appointed under this section is not liable
1 12 to a person represented by the attorney for damages as a
1 13 result of a conviction in a criminal case unless the court
1 14 determines in a postconviction proceeding or on direct appeal,
1 15 that the person's conviction resulted from ineffective
1 16 assistance of counsel, and the ineffective assistance of
1 17 counsel is the proximate cause of the damage. In juvenile or
1 18 civil proceedings, an attorney appointed under this section is
1 19 not liable to a person represented by the attorney for damages
1 20 unless it has been determined that the attorney has provided
1 21 ineffective assistance of counsel and the ineffective
1 22 assistance of counsel claim is the proximate cause of the
1 23 damage.
1 24 Sec. 2. NEW SECTION. 814.7 INEFFECTIVE ASSISTANCE CLAIM
1 25 ON APPEAL IN A CRIMINAL CASE.
1 26 1. An ineffective assistance of counsel claim in a
1 27 criminal case shall be determined by filing an application for
1 28 postconviction relief pursuant to chapter 822, except as
1 29 otherwise provided in this section. The claim need not be
1 30 raised on direct appeal from the criminal proceedings in order
1 31 to preserve the claim for postconviction relief purposes.
1 32 2. A party may, but is not required to, raise an
1 33 ineffective assistance claim on direct appeal from the
1 34 criminal proceedings if the party has reasonable grounds to
1 35 believe that the record is adequate to address the claim on
2 1 direct appeal.
2 2 3. If an ineffective assistance of counsel claim is raised
2 3 on direct appeal from the criminal proceedings, the court may
2 4 decide the record is adequate to decide the claim or may
2 5 choose to preserve the claim for determination under chapter
2 6 822.
2 7 Sec. 3. Section 814.11, subsection 7, Code 2003, is
2 8 amended to read as follows:
2 9 7. An attorney appointed under this section is not liable
2 10 to a person represented by the attorney for damages as a
2 11 result of a conviction in a criminal case unless the court
2 12 determines in a postconviction proceeding or on direct appeal,
2 13 that the person's conviction resulted from ineffective
2 14 assistance of counsel, and the ineffective assistance of
2 15 counsel is the proximate cause of the damage. In juvenile or
2 16 civil proceedings, an attorney appointed under this section is
2 17 not liable to a person represented by the attorney for damages
2 18 unless it has been determined that the attorney has provided
2 19 ineffective assistance of counsel and the ineffective
2 20 assistance of counsel claim is the proximate cause of the
2 21 damage.
2 22 Sec. 4. Section 815.10, subsection 6, Code 2003, is
2 23 amended to read as follows:
2 24 6. An attorney appointed under this section is not liable
2 25 to a person represented by the attorney for damages as a
2 26 result of a conviction in a criminal case unless the court
2 27 determines in a postconviction proceeding or on direct appeal,
2 28 that the person's conviction resulted from ineffective
2 29 assistance of counsel, and the ineffective assistance of
2 30 counsel is the proximate cause of the damage. In juvenile or
2 31 civil proceedings, an attorney appointed under this section is
2 32 not liable to a person represented by the attorney for damages
2 33 unless it has been determined that the attorney has provided
2 34 ineffective assistance of counsel, and the ineffective
2 35 assistance of counsel claim is the proximate cause of the
3 1 damage.
3 2
3 3
3 4
3 5 CHRISTOPHER C. RANTS
3 6 Speaker of the House
3 7
3 8
3 9
3 10 JEFFREY M. LAMBERTI
3 11 President of the Senate
3 12
3 13 I hereby certify that this bill originated in the House and
3 14 is known as House File 2325, Eightieth General Assembly.
3 15
3 16
3 17
3 18 MARGARET THOMSON
3 19 Chief Clerk of the House
3 20 Approved , 2004
3 21
3 22
3 23
3 24 THOMAS J. VILSACK
3 25 Governor
Text: HF02324 Text: HF02326 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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