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Senate Study Bill 1023 - IntroducedA Bill ForAn Act 1relating to providing legal assistance to indigent
2persons in criminal proceedings.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 13B.4, subsection 1, Code 2017, is
2amended to read as follows:
31. a. The state public defender shall coordinate the
4provision of legal representation of to all indigents under
5arrest or charged with a crime, who face the possibility
6of imprisonment under the applicable criminal statute or
7ordinance.
8b. The state public defender shall also coordinate the
9provision of legal representation to all indigentsseeking
10postconviction relief, against whom a contempt action is
11pending, in proceedings under section 811.1A or chapter 229A or
12812, in juvenile proceedings, on appeal in criminal cases, and
13on appeal in proceedings to obtain postconviction relief when
14ordered to do so by the district court in which the judgment
15or order was issued, and may provide for the representation of
16indigents in proceedings instituted pursuant to chapter 908.
17c. The state public defender shall not engage in the private
18practice of law.
19 Sec. 2. Section 13B.4, subsection 3, Code 2017, is amended
20to read as follows:
213. The state public defender may contract with persons
22admitted to practice law in this state and nonprofit legal
23 organizations employing persons admitted to practice law in
24this state for the provision of legal services to indigent
25persons. The contract may incorporate administrative rules
26into the terms of the contract or expressly provide that
27payments may be paid that are other than on an hourly rate
28basis for legal services provided, including but not limited to
29a fixed rate per case or per month.
30 Sec. 3. Section 13B.8, subsection 4, Code 2017, is amended
31to read as follows:
324. a. The state public defender shall provide separate
33and suitable office space, furniture, equipment, computers,
34computer networks, support staff, and supplies for each office
35of the local public defender out of funds appropriated to the
-1-1state public defender for this purpose.
2b. The state public defender may enter into agreements with
3the office of the chief information officer created in chapter
48B to provide or procure suitable computer networks and other
5information technology services to or for each office of the
6state public defender, including the central administrative
7office and the office of the state appellate defender, and to
8each office of the local public defender.
9 Sec. 4. Section 815.9, subsection 4, paragraph a, Code 2017,
10is amended to read as follows:
11a. If the appointed attorney is a public defender, the
12attorney shall submit a report to the court specifying the
13total hours of service plus expenses incurred in providing
14legal assistance to the person, unless the court has ordered
15that the cost of legal assistance is not required to be
16reimbursed to the state. In a criminal case, the report shall
17be submitted within ten days of a reasonable period of time
18after the date of sentencing, acquittal, or dismissal. In a
19case other than a criminal case, the report shall be submitted
20within ten days of a reasonable period of time after the date
21of any court ruling or the conclusion of a trial held in the
22case, or if the case is dismissed within ten days of the a
23reasonable period of time after the date of dismissal.
24 Sec. 5. Section 815.10, subsection 1, Code 2017, is amended
25by adding the following new paragraph:
26 NEW PARAGRAPH. c. For purposes of this subsection, a
27criminal proceeding in which an indigent person is entitled
28to legal assistance at public expense is a proceeding where
29the person faces the possibility of imprisonment under the
30applicable criminal statute or ordinance. This section does
31not require the appointment of an attorney if the indigent
32person does not request the appointment of an attorney or
33waives the right to an appointed attorney.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-2-1the explanation’s substance by the members of the general assembly.
2This bill relates to providing legal assistance to indigent
3persons in criminal proceedings.
4The bill specifies that the state public defender shall
5coordinate the representation of indigent persons under
6arrest or charged with a crime who face the possibility
7of imprisonment under the applicable criminal statute or
8ordinance.
9The bill modifies a provision allowing the state public
10defender to contract with a nonprofit organization employing
11persons admitted to law in this state, by allowing the state
12public defender to contract with a nonprofit legal organization
13and striking the requirement the nonprofit employ persons
14admitted to practice law in this state.
15The bill strikes a provision requiring the state public
16defender to provide a computer network to each local public
17defender office, but allows for the state public defender to
18enter into agreements with the office of the chief information
19officer created in Code chapter 8B to provide or procure
20suitable computer networks and other information technology
21services to or for each office of the state public defender,
22including the central administrative office and the office of
23the state appellate defender, and to each office of the local
24public defender.
25The bill specifies that if an appointed attorney is a
26public defender, the public defender shall submit a report
27specifying the total hours of service plus expenses incurred in
28providing legal assistance to the indigent unless the court has
29ordered that the cost of legal assistance is not required to be
30reimbursed. The bill also allows the public defender to submit
31such an expense report in a reasonable amount of time after the
32end of the case.
33The bill specifies that an indigent person is entitled to
34legal representation at public expense in a proceeding where
35the person faces the possibility of imprisonment under the
-3-1applicable criminal statute or ordinance. This provision does
2not require the appointment of an attorney if the indigent
3person does not request the appointment of an attorney or
4waives the right to an appointed attorney. This provision is
5in response to State v.Young, 863 N.W.2d 249 (Iowa 2015).
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2persons in criminal proceedings.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 13B.4, subsection 1, Code 2017, is
2amended to read as follows:
31. a. The state public defender shall coordinate the
4provision of legal representation of to all indigents under
5arrest or charged with a crime, who face the possibility
6of imprisonment under the applicable criminal statute or
7ordinance.
8b. The state public defender shall also coordinate the
9provision of legal representation to all indigentsseeking
10postconviction relief, against whom a contempt action is
11pending, in proceedings under section 811.1A or chapter 229A or
12812, in juvenile proceedings, on appeal in criminal cases, and
13on appeal in proceedings to obtain postconviction relief when
14ordered to do so by the district court in which the judgment
15or order was issued, and may provide for the representation of
16indigents in proceedings instituted pursuant to chapter 908.
17c. The state public defender shall not engage in the private
18practice of law.
19 Sec. 2. Section 13B.4, subsection 3, Code 2017, is amended
20to read as follows:
213. The state public defender may contract with persons
22admitted to practice law in this state and nonprofit legal
23 organizations employing persons admitted to practice law in
24this state for the provision of legal services to indigent
25persons. The contract may incorporate administrative rules
26into the terms of the contract or expressly provide that
27payments may be paid that are other than on an hourly rate
28basis for legal services provided, including but not limited to
29a fixed rate per case or per month.
30 Sec. 3. Section 13B.8, subsection 4, Code 2017, is amended
31to read as follows:
324. a. The state public defender shall provide separate
33and suitable office space, furniture, equipment, computers,
34computer networks, support staff, and supplies for each office
35of the local public defender out of funds appropriated to the
-1-1state public defender for this purpose.
2b. The state public defender may enter into agreements with
3the office of the chief information officer created in chapter
48B to provide or procure suitable computer networks and other
5information technology services to or for each office of the
6state public defender, including the central administrative
7office and the office of the state appellate defender, and to
8each office of the local public defender.
9 Sec. 4. Section 815.9, subsection 4, paragraph a, Code 2017,
10is amended to read as follows:
11a. If the appointed attorney is a public defender, the
12attorney shall submit a report to the court specifying the
13total hours of service plus expenses incurred in providing
14legal assistance to the person, unless the court has ordered
15that the cost of legal assistance is not required to be
16reimbursed to the state. In a criminal case, the report shall
17be submitted within ten days of a reasonable period of time
18after the date of sentencing, acquittal, or dismissal. In a
19case other than a criminal case, the report shall be submitted
20within ten days of a reasonable period of time after the date
21of any court ruling or the conclusion of a trial held in the
22case, or if the case is dismissed within ten days of the a
23reasonable period of time after the date of dismissal.
24 Sec. 5. Section 815.10, subsection 1, Code 2017, is amended
25by adding the following new paragraph:
26 NEW PARAGRAPH. c. For purposes of this subsection, a
27criminal proceeding in which an indigent person is entitled
28to legal assistance at public expense is a proceeding where
29the person faces the possibility of imprisonment under the
30applicable criminal statute or ordinance. This section does
31not require the appointment of an attorney if the indigent
32person does not request the appointment of an attorney or
33waives the right to an appointed attorney.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-2-1the explanation’s substance by the members of the general assembly.
2This bill relates to providing legal assistance to indigent
3persons in criminal proceedings.
4The bill specifies that the state public defender shall
5coordinate the representation of indigent persons under
6arrest or charged with a crime who face the possibility
7of imprisonment under the applicable criminal statute or
8ordinance.
9The bill modifies a provision allowing the state public
10defender to contract with a nonprofit organization employing
11persons admitted to law in this state, by allowing the state
12public defender to contract with a nonprofit legal organization
13and striking the requirement the nonprofit employ persons
14admitted to practice law in this state.
15The bill strikes a provision requiring the state public
16defender to provide a computer network to each local public
17defender office, but allows for the state public defender to
18enter into agreements with the office of the chief information
19officer created in Code chapter 8B to provide or procure
20suitable computer networks and other information technology
21services to or for each office of the state public defender,
22including the central administrative office and the office of
23the state appellate defender, and to each office of the local
24public defender.
25The bill specifies that if an appointed attorney is a
26public defender, the public defender shall submit a report
27specifying the total hours of service plus expenses incurred in
28providing legal assistance to the indigent unless the court has
29ordered that the cost of legal assistance is not required to be
30reimbursed. The bill also allows the public defender to submit
31such an expense report in a reasonable amount of time after the
32end of the case.
33The bill specifies that an indigent person is entitled to
34legal representation at public expense in a proceeding where
35the person faces the possibility of imprisonment under the
-3-1applicable criminal statute or ordinance. This provision does
2not require the appointment of an attorney if the indigent
3person does not request the appointment of an attorney or
4waives the right to an appointed attorney. This provision is
5in response to State v.Young, 863 N.W.2d 249 (Iowa 2015).
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