HF 317 (LSB 1942HV (2) 91)

HOUSE FILE 317

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 13)

(As Amended and Passed by the House 2025-03-13)

A BILL FOR

An Act relating to indigent defense and the appointment of counsel by the court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 815.10, subsection 6, Code 2025, is amended to read as follows:
   6.  An attorney appointed under this section is not liable to a person represented by the attorney for damages as a result of a conviction in a criminal case unless the court determines in a postconviction proceeding or on direct appeal that the person’s conviction resulted from ineffective assistance of counsel, and the ineffective assistance of counsel is the proximate cause of the damage. In juvenile or civil proceedings, an attorney appointed under this section is not liable to a person represented by the attorney for damages unless it has been determined that the attorney has provided ineffective assistance of counsel, and the ineffective assistance of counsel is the proximate cause of the damage.  Any attorney appointed under this section who is accused of ineffective assistance of counsel shall be treated as a state employee under chapter 669, including defense and indemnification under section 669.21.