Senate Study Bill 1008





                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CO=CHAIRPERSON KREIMAN)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to payment of legal expenses for an indigent
  2    claimant.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1333XC 81
  5 jm/sh/8

PAG LIN



  1  1    Section 1.  Section 815.11, Code 2005, is amended to read
  1  2 as follows:
  1  3    815.11  APPROPRIATIONS FOR INDIGENT DEFENSE.
  1  4    Costs incurred under chapter 229A, 665, or 822, or section
  1  5 232.141, subsection 3, paragraph "c", or section 598.23A,
  1  6 814.9, 814.10, 814.11, 815.4, 815.7, 815.10, or 908.11 on
  1  7 behalf of an indigent shall be paid from funds appropriated by
  1  8 the general assembly to the office of the state public
  1  9 defender in the department of inspections and appeals for
  1 10 those purposes.  Costs incurred representing an indigent
  1 11 defendant in a contempt action, or representing an indigent
  1 12 juvenile in a juvenile court proceeding under chapter 600, are
  1 13 also payable from these funds.  However, costs incurred in any
  1 14 administrative proceeding or in any other proceeding under
  1 15 chapter 598, 600, 600A, 633, or 915 or other provisions of the
  1 16 Code or administrative rules are not payable from these funds.
  1 17                           EXPLANATION
  1 18    This bill repeals a provision of H.F. 2138 enacted during
  1 19 the 2004 legislative session.  Under the bill, costs incurred
  1 20 representing an indigent defendant in a contempt hearing, or
  1 21 an indigent juvenile in an adoption proceeding under Code
  1 22 chapter 600 are not payable from the appropriation for
  1 23 indigent defense.
  1 24 LSB 1333XC 81
  1 25 jm/sh/8