Bill Text: IA SSB3060 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to probate indigent defense fees and trial transcript fees.(See SF 2315.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-16 - Committee report approving bill, renumbered as SF 2315. [SSB3060 Detail]
Download: Iowa-2021-SSB3060-Introduced.html
Senate
Study
Bill
3060
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
JUDICIAL
BRANCH
BILL)
A
BILL
FOR
An
Act
relating
to
probate
indigent
defense
fees
and
trial
1
transcript
fees.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5320XD
(2)
89
cm/jh
S.F.
_____
H.F.
_____
Section
1.
Section
633.561,
subsections
3
and
6,
Code
2022,
1
are
amended
to
read
as
follows:
2
3.
If
the
respondent
is
entitled
to
representation
and
is
3
indigent
or
incapable
of
requesting
counsel,
the
court
shall
4
appoint
an
attorney
to
represent
the
respondent.
The
cost
of
5
court
appointed
counsel
for
indigents
,
including
the
cost
of
6
the
trial
transcript,
shall
be
assessed
against
the
county
7
in
which
the
proceedings
are
pending.
For
the
purposes
of
8
this
subsection
,
the
court
shall
find
a
person
is
indigent
if
9
the
person’s
income
and
resources
do
not
exceed
one
hundred
10
fifty
percent
of
the
federal
poverty
level
or
the
person
would
11
be
unable
to
pay
such
costs
without
prejudicing
the
person’s
12
financial
ability
to
provide
economic
necessities
for
the
13
person
or
the
person’s
dependents.
14
6.
If
the
court
determines
that
it
would
be
in
the
15
respondent’s
best
interest
to
have
legal
representation
16
with
respect
to
any
proceedings
in
a
guardianship
or
17
conservatorship,
the
court
may
appoint
an
attorney
to
represent
18
the
respondent
at
the
expense
of
the
respondent
or
the
19
respondent’s
estate,
or
if
the
respondent
is
indigent
the
cost
20
of
the
court
appointed
attorney
,
including
the
cost
of
the
21
trial
transcript,
shall
be
assessed
against
the
county
in
which
22
the
proceedings
are
pending.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
provides
for
the
cost
of
a
trial
transcript
to
27
be
assessed
against
the
county
in
which
indigent
probate
28
proceedings
are
pending
or
took
place.
Under
current
law,
only
29
the
cost
of
the
court-appointed
counsel
is
assessed
against
the
30
county
and
the
respondent
is
responsible
for
the
fee
of
the
31
trial
transcript.
32
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5320XD
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89
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