Bill Text: IA SSB1023 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to providing legal assistance to indigent persons in criminal proceedings.
Spectrum: Unknown
Status: (N/A - Dead) 2017-02-21 - Subcommittee Meeting: 02/23/2017 2:30PM Senate Lobbyist Lounge [SSB1023 Detail]
Download: Iowa-2017-SSB1023-Introduced.html
Senate
Study
Bill
1023
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
STATE
PUBLIC
DEFENDER
BILL)
A
BILL
FOR
An
Act
relating
to
providing
legal
assistance
to
indigent
1
persons
in
criminal
proceedings.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
13B.4,
subsection
1,
Code
2017,
is
1
amended
to
read
as
follows:
2
1.
a.
The
state
public
defender
shall
coordinate
the
3
provision
of
legal
representation
of
to
all
indigents
under
4
arrest
or
charged
with
a
crime
,
who
face
the
possibility
5
of
imprisonment
under
the
applicable
criminal
statute
or
6
ordinance.
7
b.
The
state
public
defender
shall
also
coordinate
the
8
provision
of
legal
representation
to
all
indigents
seeking
9
postconviction
relief,
against
whom
a
contempt
action
is
10
pending,
in
proceedings
under
section
811.1A
or
chapter
229A
or
11
812
,
in
juvenile
proceedings,
on
appeal
in
criminal
cases,
and
12
on
appeal
in
proceedings
to
obtain
postconviction
relief
when
13
ordered
to
do
so
by
the
district
court
in
which
the
judgment
14
or
order
was
issued,
and
may
provide
for
the
representation
of
15
indigents
in
proceedings
instituted
pursuant
to
chapter
908
.
16
c.
The
state
public
defender
shall
not
engage
in
the
private
17
practice
of
law.
18
Sec.
2.
Section
13B.4,
subsection
3,
Code
2017,
is
amended
19
to
read
as
follows:
20
3.
The
state
public
defender
may
contract
with
persons
21
admitted
to
practice
law
in
this
state
and
nonprofit
legal
22
organizations
employing
persons
admitted
to
practice
law
in
23
this
state
for
the
provision
of
legal
services
to
indigent
24
persons.
The
contract
may
incorporate
administrative
rules
25
into
the
terms
of
the
contract
or
expressly
provide
that
26
payments
may
be
paid
that
are
other
than
on
an
hourly
rate
27
basis
for
legal
services
provided,
including
but
not
limited
to
28
a
fixed
rate
per
case
or
per
month.
29
Sec.
3.
Section
13B.8,
subsection
4,
Code
2017,
is
amended
30
to
read
as
follows:
31
4.
a.
The
state
public
defender
shall
provide
separate
32
and
suitable
office
space,
furniture,
equipment,
computers,
33
computer
networks,
support
staff,
and
supplies
for
each
office
34
of
the
local
public
defender
out
of
funds
appropriated
to
the
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state
public
defender
for
this
purpose.
1
b.
The
state
public
defender
may
enter
into
agreements
with
2
the
office
of
the
chief
information
officer
created
in
chapter
3
8B
to
provide
or
procure
suitable
computer
networks
and
other
4
information
technology
services
to
or
for
each
office
of
the
5
state
public
defender,
including
the
central
administrative
6
office
and
the
office
of
the
state
appellate
defender,
and
to
7
each
office
of
the
local
public
defender.
8
Sec.
4.
Section
815.9,
subsection
4,
paragraph
a,
Code
2017,
9
is
amended
to
read
as
follows:
10
a.
If
the
appointed
attorney
is
a
public
defender,
the
11
attorney
shall
submit
a
report
to
the
court
specifying
the
12
total
hours
of
service
plus
expenses
incurred
in
providing
13
legal
assistance
to
the
person
,
unless
the
court
has
ordered
14
that
the
cost
of
legal
assistance
is
not
required
to
be
15
reimbursed
to
the
state
.
In
a
criminal
case,
the
report
shall
16
be
submitted
within
ten
days
of
a
reasonable
period
of
time
17
after
the
date
of
sentencing,
acquittal,
or
dismissal.
In
a
18
case
other
than
a
criminal
case,
the
report
shall
be
submitted
19
within
ten
days
of
a
reasonable
period
of
time
after
the
date
20
of
any
court
ruling
or
the
conclusion
of
a
trial
held
in
the
21
case,
or
if
the
case
is
dismissed
within
ten
days
of
the
a
22
reasonable
period
of
time
after
the
date
of
dismissal.
23
Sec.
5.
Section
815.10,
subsection
1,
Code
2017,
is
amended
24
by
adding
the
following
new
paragraph:
25
NEW
PARAGRAPH
.
c.
For
purposes
of
this
subsection,
a
26
criminal
proceeding
in
which
an
indigent
person
is
entitled
27
to
legal
assistance
at
public
expense
is
a
proceeding
where
28
the
person
faces
the
possibility
of
imprisonment
under
the
29
applicable
criminal
statute
or
ordinance.
This
section
does
30
not
require
the
appointment
of
an
attorney
if
the
indigent
31
person
does
not
request
the
appointment
of
an
attorney
or
32
waives
the
right
to
an
appointed
attorney.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
providing
legal
assistance
to
indigent
2
persons
in
criminal
proceedings.
3
The
bill
specifies
that
the
state
public
defender
shall
4
coordinate
the
representation
of
indigent
persons
under
5
arrest
or
charged
with
a
crime
who
face
the
possibility
6
of
imprisonment
under
the
applicable
criminal
statute
or
7
ordinance.
8
The
bill
modifies
a
provision
allowing
the
state
public
9
defender
to
contract
with
a
nonprofit
organization
employing
10
persons
admitted
to
law
in
this
state,
by
allowing
the
state
11
public
defender
to
contract
with
a
nonprofit
legal
organization
12
and
striking
the
requirement
the
nonprofit
employ
persons
13
admitted
to
practice
law
in
this
state.
14
The
bill
strikes
a
provision
requiring
the
state
public
15
defender
to
provide
a
computer
network
to
each
local
public
16
defender
office,
but
allows
for
the
state
public
defender
to
17
enter
into
agreements
with
the
office
of
the
chief
information
18
officer
created
in
Code
chapter
8B
to
provide
or
procure
19
suitable
computer
networks
and
other
information
technology
20
services
to
or
for
each
office
of
the
state
public
defender,
21
including
the
central
administrative
office
and
the
office
of
22
the
state
appellate
defender,
and
to
each
office
of
the
local
23
public
defender.
24
The
bill
specifies
that
if
an
appointed
attorney
is
a
25
public
defender,
the
public
defender
shall
submit
a
report
26
specifying
the
total
hours
of
service
plus
expenses
incurred
in
27
providing
legal
assistance
to
the
indigent
unless
the
court
has
28
ordered
that
the
cost
of
legal
assistance
is
not
required
to
be
29
reimbursed.
The
bill
also
allows
the
public
defender
to
submit
30
such
an
expense
report
in
a
reasonable
amount
of
time
after
the
31
end
of
the
case.
32
The
bill
specifies
that
an
indigent
person
is
entitled
to
33
legal
representation
at
public
expense
in
a
proceeding
where
34
the
person
faces
the
possibility
of
imprisonment
under
the
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applicable
criminal
statute
or
ordinance.
This
provision
does
1
not
require
the
appointment
of
an
attorney
if
the
indigent
2
person
does
not
request
the
appointment
of
an
attorney
or
3
waives
the
right
to
an
appointed
attorney.
This
provision
is
4
in
response
to
State
v.
Young,
863
N.W.2d
249
(Iowa
2015).
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4
