HSB 565 (LSB 5354XD (3) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED STATE PUBLIC DEFENDER BILL)

A BILL FOR

An Act relating to the appointment of counsel by the court for an indigent person, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 815.10, subsection 3, Code 2026, is amended to read as follows:
   3.  If the court determines that no contract attorney is available to represent the person, the court may shall appoint a noncontract attorney. The order of appointment shall include a specific finding that no contract attorney was available.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the appointment of counsel by the court for an indigent person.
   Current law provides that if no contract attorney is available for appointment by the court, the court may appoint a noncontract attorney.
   The bill provides that if the court determines that no contract attorney is available to represent the person, the court is required to appoint a noncontract attorney.
   The bill takes effect upon enactment.