ENGROSSED HOUSE
BILL NO. 2175	By:	Sears and Martin (Scott) of the House

										and

	Myers and Jolley of the Senate

An Act relating to the Oklahoma Indigent Defense System; amending 22 O.S. 2001, Sections 1355.2 and 1355.6, which relate to the Indigent Defense Act; providing definition; modifying scope of responsibilities of the Oklahoma Indigent Defense System; and authorizing court to appoint legal representation for persons not in custody.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     22 O.S. 2001, Section 1355.2, is amended to read as follows:
Section 1355.2  A.  As used in the Indigent Defense Act:
1.  "Board" means the Oklahoma Indigent Defense System Board;
2.  "Executive Director" means the chief executive officer of the Oklahoma Indigent Defense System; and 
3.  "System" means the Oklahoma Indigent Defense System; and
4.  "Unable to employ counsel" means the inability of a defendant to obtain legal representation by private counsel in a case, regardless of whether the defendant is determined by the court to be indigent.  Under no circumstances shall the System be appointed or remain appointed in a case in which the defendant is represented by private counsel not appearing pursuant to a contract with the System.
B.  As used in the Oklahoma Statutes, references to "public defender" shall mean a county indigent defender for a county subject to the provisions of Section 138.1a of Title 19 of the Oklahoma Statutes, an attorney who represents indigents pursuant to a contract with the System or who agrees to accept assignments of cases from the System to represent indigents, or an attorney employed by the System.
SECTION 2.     AMENDATORY     22 O.S. 2001, Section 1355.6, is amended to read as follows:
Section 1355.6  A.  The Indigent Defense System shall have the responsibility of defending all indigents who are in custody, as determined in accordance with the provisions of the Indigent Defense Act in all capital and felony cases and in all misdemeanor and traffic cases punishable by incarceration.  A court may appoint legal representation for an indigent who is not in custody, in which case costs for such representation shall be paid from the local court fund.  In addition, the System shall have the responsibility of defending all indigent juveniles, as determined in accordance with the provisions of the Indigent Defense Act, in juvenile delinquency proceedings, adult certification proceedings, reverse certification proceedings, youthful offender proceedings, and any other cases pursuant to the Oklahoma Juvenile Code, other than mental health cases, in-need-of-supervision proceedings, and any other juvenile proceedings that are civil in nature.
B.  Upon prior approval by the Executive Director, the System may also represent indigents in other state proceedings, if such representation is related to the case for which the original appointment of the System was made and if not otherwise prohibited by the Indigent Defense Act.
C.  The Executive Director may select attorneys to handle indigent criminal cases from a list of attorneys who have agreed to accept assignments of such cases, who provide proof of professional liability insurance coverage, and who meet the qualifications established by the System for such assignments.  Payment to such attorneys shall be made from the budget of the System.
D.  The Board shall have the authority to provide for representation for indigent criminal defendants and others for whom representation is required by either the Constitution or laws of this state by attorneys employed by the System.
Passed the House of Representatives the 13th day of May, 2011.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2011.

	
Presiding Officer of the Senate