Bill Text: IA HF146 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the appointment of counsel for indigent persons in class "A" felony cases.(See HF 553.)
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2021-02-16 - Committee report approving bill, renumbered as HF 553. [HF146 Detail]
Download: Iowa-2021-HF146-Introduced.html
House
File
146
-
Introduced
HOUSE
FILE
146
BY
HITE
,
OLSON
,
and
WOLFE
A
BILL
FOR
An
Act
relating
to
the
appointment
of
counsel
for
indigent
1
persons
in
class
“A”
felony
cases.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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146
Section
1.
Section
815.10,
subsection
1,
paragraph
b,
Code
1
2021,
is
amended
to
read
as
follows:
2
b.
(1)
An
indigent
person
is
entitled
to
the
appointment
3
of
one
attorney
in
all
cases,
except
that
in
class
“A”
felony
4
cases
the
court
may
appoint
two
attorneys.
However,
in
a
class
5
“A”
felony
case,
a
person
who
is
represented
by
a
privately
6
retained
attorney
or
by
an
attorney
who
has
agreed
to
represent
7
the
person
is
not
entitled
to
have
an
attorney
appointed
to
8
represent
the
person
based
upon
the
indigence
of
the
person.
9
(2)
In
a
class
“A”
felony
case
involving
an
indigent
person
10
where
a
court
determines
that
the
appointment
of
two
attorneys
11
is
appropriate,
upon
the
request
of
the
indigent
person,
at
12
least
one
of
the
attorneys
appointed
shall
be
an
attorney
who
13
has
a
contract
with
the
state
public
defender
to
represent
14
the
person
in
the
particular
type
of
case
and
in
the
county
15
in
which
the
case
is
pending.
If
the
court
determines
that
16
no
contract
attorney
is
available
to
represent
the
person,
17
the
court
may
appoint
a
noncontract
attorney
and
the
order
of
18
appointment
shall
include
a
specific
finding
that
no
contract
19
attorney
was
available.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
appointment
of
counsel
for
indigent
24
persons
in
class
“A”
felony
cases.
25
The
bill
provides
that
in
a
class
“A”
felony
case
involving
26
an
indigent
person
where
a
court
determines
that
the
27
appointment
of
two
attorneys
is
appropriate,
upon
the
request
28
of
the
indigent
person,
at
least
one
of
the
attorneys
appointed
29
shall
be
an
attorney
who
has
a
contract
with
the
state
public
30
defender
to
represent
the
person
in
the
particular
type
of
case
31
and
in
the
county
in
which
the
case
is
pending.
If
the
court
32
determines
that
no
contract
attorney
is
available
to
represent
33
the
person,
the
court
may
appoint
a
noncontract
attorney
and
34
the
order
of
appointment
shall
include
a
specific
finding
that
35
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