Senate
Study
Bill
3027
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
STATE
PUBLIC
DEFENDER
BILL)
A
BILL
FOR
An
Act
relating
to
the
legal
representation
of
indigent
persons
1
in
criminal
proceedings.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
_____
Section
1.
Section
13B.4,
subsection
1,
Code
2016,
is
1
amended
to
read
as
follows:
2
1.
a.
The
state
public
defender
shall
coordinate
the
3
provision
of
legal
representation
of
all
indigents
under
4
arrest
or
charged
with
a
crime
,
who
face
the
possibility
5
of
imprisonment
under
the
applicable
criminal
statute
or
6
ordinance.
7
b.
The
state
public
defender
shall
also
coordinate
the
8
provision
of
legal
representation
of
all
indigents
seeking
9
postconviction
relief,
against
whom
a
contempt
action
is
10
pending,
in
proceedings
under
section
811.1A
or
chapter
229A
or
11
812
,
in
juvenile
proceedings,
on
appeal
in
criminal
cases,
and
12
on
appeal
in
proceedings
to
obtain
postconviction
relief
when
13
ordered
to
do
so
by
the
district
court
in
which
the
judgment
14
or
order
was
issued,
and
may
provide
for
the
representation
of
15
indigents
in
proceedings
instituted
pursuant
to
chapter
908
.
16
c.
The
state
public
defender
shall
not
engage
in
the
private
17
practice
of
law.
18
Sec.
2.
Section
815.10,
subsection
1,
Code
2016,
is
amended
19
by
adding
the
following
new
paragraph:
20
NEW
PARAGRAPH
.
c.
For
purposes
of
this
subsection,
a
21
criminal
proceeding
in
which
an
indigent
person
is
entitled
to
22
legal
representation
at
public
expense
is
a
proceeding
where
23
the
person
faces
the
possibility
of
imprisonment
under
the
24
applicable
criminal
statute
or
ordinance.
This
section
does
25
not
require
the
appointment
of
an
attorney
if
the
indigent
26
person
does
not
request
the
appointment
of
an
attorney
or
27
waives
the
right
to
an
appointed
attorney.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
the
legal
representation
of
indigent
32
persons
in
criminal
proceedings.
33
The
bill
specifies
that
the
state
public
defender
shall
34
coordinate
the
representation
of
indigent
persons
under
35
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arrest
or
charged
with
a
crime
who
face
the
possibility
1
of
imprisonment
under
the
applicable
criminal
statute
or
2
ordinance.
The
bill
does
not
require
the
appointment
of
an
3
attorney
for
an
indigent
person
if
the
indigent
person
does
not
4
request
the
appointment
of
an
attorney
or
waives
the
right
to
5
an
appointed
attorney.
6
The
bill,
in
part,
is
in
response
to
the
Iowa
supreme
court’s
7
decision
in
State
v.
Young,
863
N.W.2d
249
(Iowa
2015).
8
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