Bill Text: IA HF2149 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to reimbursement for legal assistance by an indigent person.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-28 - Introduced, referred to Judiciary. H.J. 142. [HF2149 Detail]
Download: Iowa-2021-HF2149-Introduced.html
House
File
2149
-
Introduced
HOUSE
FILE
2149
BY
WOLFE
A
BILL
FOR
An
Act
relating
to
reimbursement
for
legal
assistance
by
an
1
indigent
person.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2149
Section
1.
Section
815.9,
subsection
3,
Code
2022,
is
1
amended
to
read
as
follows:
2
3.
If
a
person
is
granted
an
appointed
attorney
A
rebuttable
3
presumption
exists
that
a
person
who
has
been
determined
to
4
be
indigent
and
who
is
granted
an
appointed
attorney
will
5
experience
a
financial
hardship
if
the
person
is
required
to
6
reimburse
the
state
for
the
total
cost
of
legal
assistance
7
provided
to
the
person.
The
court
shall
order
that
such
a
8
person
shall
not
be
required
to
reimburse
the
state
for
the
9
cost
of
legal
assistance
unless
the
presumption
is
rebutted
10
by
clear
and
convincing
evidence
presented
by
the
state.
If
11
the
presumption
is
rebutted
,
the
person
shall
be
required
to
12
reimburse
the
state
for
the
total
cost
of
legal
assistance
13
provided
to
the
person
pursuant
to
this
section
.
“Legal
14
assistance”
as
used
in
this
section
shall
include
not
only
15
the
expense
of
the
public
defender
or
an
appointed
attorney,
16
but
also
transcripts,
witness
fees,
expenses,
and
any
other
17
goods
or
services
required
by
law
to
be
provided
to
an
indigent
18
person
entitled
to
an
appointed
attorney.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
reimbursement
for
legal
assistance
by
23
an
indigent
person.
24
Current
law
provides
that
a
person
who
was
granted
an
25
appointed
attorney
shall
be
required
to
reimburse
the
state
for
26
the
total
cost
of
legal
assistance
provided
to
the
person.
27
The
bill
provides
that
a
rebuttable
presumption
exists
28
that
a
person
who
has
been
determined
to
be
indigent
and
who
29
is
granted
an
appointed
attorney
will
experience
a
financial
30
hardship
if
required
to
reimburse
the
state
for
the
total
cost
31
of
the
person’s
legal
assistance,
and
the
court
shall
order
32
that
such
a
person
shall
not
be
required
to
reimburse
the
state
33
for
the
cost
of
legal
assistance
unless
the
presumption
is
34
rebutted
by
clear
and
convincing
evidence
presented
by
the
35
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