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House File 2149 - IntroducedA Bill ForAn Act 1relating to reimbursement for legal assistance by an
2indigent person.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 815.9, subsection 3, Code 2022, is
2amended to read as follows:
33. If a person is granted an appointed attorney A rebuttable
4presumption exists that a person who has been determined to
5be indigent and who is granted an appointed attorney will
6experience a financial hardship if the person is required to
7reimburse the state for the total cost of legal assistance
8provided to the person. The court shall order that such a
9person shall not be required to reimburse the state for the
10cost of legal assistance unless the presumption is rebutted
11by clear and convincing evidence presented by the state. If
12the presumption is rebutted, the person shall be required to
13reimburse the state for the total cost of legal assistance
14provided to the person pursuant to this section. “Legal
15assistance” as used in this section shall include not only
16the expense of the public defender or an appointed attorney,
17but also transcripts, witness fees, expenses, and any other
18goods or services required by law to be provided to an indigent
19person entitled to an appointed attorney.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to reimbursement for legal assistance by
24an indigent person.
25Current law provides that a person who was granted an
26appointed attorney shall be required to reimburse the state for
27the total cost of legal assistance provided to the person.
28The bill provides that a rebuttable presumption exists
29that a person who has been determined to be indigent and who
30is granted an appointed attorney will experience a financial
31hardship if required to reimburse the state for the total cost
32of the person’s legal assistance, and the court shall order
33that such a person shall not be required to reimburse the state
34for the cost of legal assistance unless the presumption is
35rebutted by clear and convincing evidence presented by the
-1-1state. If the presumption is rebutted, the person shall be
2required to reimburse the state for the total cost of legal
3assistance provided to the person.
-2-as/rh
2indigent person.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 815.9, subsection 3, Code 2022, is
2amended to read as follows:
33. If a person is granted an appointed attorney A rebuttable
4presumption exists that a person who has been determined to
5be indigent and who is granted an appointed attorney will
6experience a financial hardship if the person is required to
7reimburse the state for the total cost of legal assistance
8provided to the person. The court shall order that such a
9person shall not be required to reimburse the state for the
10cost of legal assistance unless the presumption is rebutted
11by clear and convincing evidence presented by the state. If
12the presumption is rebutted, the person shall be required to
13reimburse the state for the total cost of legal assistance
14provided to the person pursuant to this section. “Legal
15assistance” as used in this section shall include not only
16the expense of the public defender or an appointed attorney,
17but also transcripts, witness fees, expenses, and any other
18goods or services required by law to be provided to an indigent
19person entitled to an appointed attorney.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to reimbursement for legal assistance by
24an indigent person.
25Current law provides that a person who was granted an
26appointed attorney shall be required to reimburse the state for
27the total cost of legal assistance provided to the person.
28The bill provides that a rebuttable presumption exists
29that a person who has been determined to be indigent and who
30is granted an appointed attorney will experience a financial
31hardship if required to reimburse the state for the total cost
32of the person’s legal assistance, and the court shall order
33that such a person shall not be required to reimburse the state
34for the cost of legal assistance unless the presumption is
35rebutted by clear and convincing evidence presented by the
-1-1state. If the presumption is rebutted, the person shall be
2required to reimburse the state for the total cost of legal
3assistance provided to the person.
-2-as/rh