Bill Text: IA SF374 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to providing legal assistance to indigent persons in criminal proceedings, and including effective date provisions. (Formerly SSB 1023.) Various effective dates; see section 7 of bill.
Spectrum: Committee Bill
Status: (Passed) 2017-04-21 - Signed by Governor. S.J. 1125. [SF374 Detail]
Download: Iowa-2017-SF374-Enrolled.html
Senate File 374 - Enrolled
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
1023)
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A BILL FOR
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Senate File 374
AN ACT
RELATING TO PROVIDING LEGAL ASSISTANCE TO INDIGENT
PERSONS IN CRIMINAL PROCEEDINGS, AND INCLUDING EFFECTIVE
DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 13B.4, subsection 1, Code 2017, is
amended to read as follows:
1. a. The state public defender shall coordinate the
provision of legal representation of to all indigents under
arrest or charged with a crime, who face the possibility
of imprisonment under the applicable criminal statute or
ordinance.
b. The state public defender shall also coordinate the
provision of legal representation to all indigents seeking
postconviction relief, against whom a contempt action is
pending, in proceedings under section 811.1A or chapter 229A or
812, in juvenile proceedings, on appeal in criminal cases, and
on appeal in proceedings to obtain postconviction relief when
ordered to do so by the district court in which the judgment
or order was issued, and may provide for the representation of
indigents in proceedings instituted pursuant to chapter 908.
c. The state public defender shall not engage in the private
practice of law.
Sec. 2. Section 13B.4, subsection 3, Code 2017, is amended
to read as follows:
3. The state public defender may contract with persons
admitted to practice law in this state and nonprofit legal
organizations employing persons admitted to practice law in
this state for the provision of legal services to indigent
persons. The contract may incorporate administrative rules
into the terms of the contract or expressly provide that
payments may be paid that are other than on an hourly rate
basis for legal services provided, including but not limited to
a fixed rate per case or per month.
Sec. 3. Section 13B.8, subsection 4, Code 2017, is amended
to read as follows:
4. a. The state public defender shall provide separate
and suitable office space, furniture, equipment, computers,
computer networks, support staff, and supplies for each office
of the local public defender out of funds appropriated to the
state public defender for this purpose.
b. The state public defender may enter into agreements with
the office of the chief information officer created in chapter
8B to provide or procure suitable computer networks and other
information technology services to or for each office of the
state public defender, including the central administrative
office and the office of the state appellate defender, and to
each office of the local public defender.
Sec. 4. Section 815.9, subsection 4, paragraph a, Code 2017,
is amended to read as follows:
a. If the appointed attorney is a public defender, the
attorney shall submit a report to the court specifying the
total hours of service plus expenses incurred in providing
legal assistance to the person, unless the court has ordered
that the cost of legal assistance is not required to be
reimbursed to the state. In a criminal case, the report shall
be submitted within ten days of a reasonable period of time
after the date of sentencing, acquittal, or dismissal. In a
case other than a criminal case, the report shall be submitted
within ten days of a reasonable period of time after the date
of any court ruling or the conclusion of a trial held in the
case, or if the case is dismissed within ten days of the a
reasonable period of time after the date of dismissal.
Sec. 5. Section 815.10, subsection 1, Code 2017, is amended
by adding the following new paragraph:
NEW PARAGRAPH. c. For purposes of this subsection, a
criminal proceeding in which an indigent person is entitled
to legal assistance at public expense is a proceeding where
the person faces the possibility of imprisonment under the
applicable criminal statute or ordinance. This section does
not require the appointment of an attorney if the indigent
person does not request the appointment of an attorney or
waives the right to an appointed attorney.
Sec. 6. NEW SECTION. 815.15 Violations of local ordinances
==== reimbursement.
1. If an attorney is appointed in a case to represent an
indigent person for an alleged violation of a local ordinance
that may require a term of confinement, the office of the state
public defender shall seek reimbursement from the political
subdivision of the state that was the plaintiff in the case
for the compensation paid to and the expenses incurred by the
attorney.
2. A political subdivision of the state shall reimburse the
office of the state public defender for the compensation and
expenses paid from the indigent defense fund in section 815.11
to an attorney who represented the indigent person pursuant to
subsection 1.
Sec. 7. EFFECTIVE DATE. The following provision of this Act
takes effect January 1, 2018:
1. The section of this Act enacting section 815.15.
JACK WHITVER
LINDA UPMEYER
W. CHARLES SMITH
TERRY E. BRANSTA
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