Text: SF02144 Text: SF02146 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 13B.9, subsection 2, Code Supplement
1 2 2003, is amended to read as follows:
1 3 2. An attorney appointed under this section is not liable
1 4 to a person represented by the attorney for damages as a
1 5 result of a conviction in a criminal case unless the court
1 6 determines in a postconviction proceeding or on direct appeal,
1 7 that the person's conviction resulted from ineffective
1 8 assistance of counsel, and the ineffective assistance of
1 9 counsel is the proximate cause of the damage. In juvenile or
1 10 civil proceedings, an attorney appointed under this section is
1 11 not liable to a person represented by the attorney for damages
1 12 unless it has been determined that the attorney has provided
1 13 ineffective assistance of counsel and the ineffective
1 14 assistance of counsel claim is the proximate cause of the
1 15 damage.
1 16 Sec. 2. NEW SECTION. 814.7 INEFFECTIVE ASSISTANCE CLAIM
1 17 ON APPEAL IN A CRIMINAL CASE.
1 18 1. An ineffective assistance of counsel claim in a
1 19 criminal case shall be determined by filing an application for
1 20 postconviction relief pursuant to chapter 822, except as
1 21 otherwise provided in this section. The claim need not be
1 22 raised on direct appeal from the criminal proceedings in order
1 23 to preserve the claim for postconviction relief purposes.
1 24 2. A party may, but is not required to, raise an
1 25 ineffective assistance claim on direct appeal from the
1 26 criminal proceedings if the party has reasonable grounds to
1 27 believe that the record is adequate to address the claim on
1 28 direct appeal.
1 29 3. If an ineffective assistance of counsel claim is raised
1 30 on direct appeal from the criminal proceedings, the court may
1 31 decide the record is adequate to decide the claim or may
1 32 choose to preserve the claim for determination under chapter
1 33 822.
1 34 Sec. 3. Section 814.11, subsection 7, Code 2003, is
1 35 amended to read as follows:
2 1 7. An attorney appointed under this section is not liable
2 2 to a person represented by the attorney for damages as a
2 3 result of a conviction in a criminal case unless the court
2 4 determines in a postconviction proceeding or on direct appeal,
2 5 that the person's conviction resulted from ineffective
2 6 assistance of counsel, and the ineffective assistance of
2 7 counsel is the proximate cause of the damage. In juvenile or
2 8 civil proceedings, an attorney appointed under this section is
2 9 not liable to a person represented by the attorney for damages
2 10 unless it has been determined that the attorney has provided
2 11 ineffective assistance of counsel and the ineffective
2 12 assistance of counsel claim is the proximate cause of the
2 13 damage.
2 14 Sec. 4. Section 815.10, subsection 6, Code 2003, is
2 15 amended to read as follows:
2 16 6. An attorney appointed under this section is not liable
2 17 to a person represented by the attorney for damages as a
2 18 result of a conviction in a criminal case unless the court
2 19 determines in a postconviction proceeding or on direct appeal,
2 20 that the person's conviction resulted from ineffective
2 21 assistance of counsel, and the ineffective assistance of
2 22 counsel is the proximate cause of the damage. In juvenile or
2 23 civil proceedings, an attorney appointed under this section is
2 24 not liable to a person represented by the attorney for damages
2 25 unless it has been determined that the attorney has provided
2 26 ineffective assistance of counsel, and the ineffective
2 27 assistance of counsel claim is the proximate cause of the
2 28 damage.
2 29 EXPLANATION
2 30 This bill relates to raising an ineffective assistance of
2 31 counsel claim in a criminal case against an attorney on
2 32 appeal. An ineffective assistance claim generally alleges
2 33 that a defendant's conviction resulted from the ineffective
2 34 assistance of the defendant's counsel, and the ineffective
2 35 assistance of counsel is the proximate cause of the damage to
3 1 the defendant.
3 2 The bill provides that an ineffective assistance of counsel
3 3 claim shall generally be determined by filing an application
3 4 for postconviction relief pursuant to Code chapter 822. The
3 5 bill provides that the claim need not be raised on direct
3 6 appeal in order to preserve the claim for postconviction
3 7 relief purposes. Current law provides that a person must
3 8 raise an ineffective assistance of counsel claim on direct
3 9 appeal from the criminal proceedings in order to preserve a
3 10 claim for postconviction relief.
3 11 A party under the bill may raise an ineffective assistance
3 12 claim on direct appeal if the party has reasonable grounds to
3 13 believe that the record is adequate to address the claim on
3 14 direct appeal. However, the bill provides that the court has
3 15 the option to decide the claim on appeal or choose to preserve
3 16 the claim for postconviction relief purposes under Code
3 17 chapter 822.
3 18 The amendments to Code sections 13B.9, 814.11, and 815.10
3 19 enhance the readability of these sections with the changes in
3 20 the bill.
3 21 LSB 5145SV 80
3 22 jm/gg/14
Text: SF02144 Text: SF02146 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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