S1043aa,aa...........................................by JUDICIARY AND RULES APPELLATE PUBLIC DEFENDER - Amends existing law to establish time parameters for cases to which the state appellate public defender may be appointed. 01/25 Senate intro - 1st rdg - to printing 01/26 Rpt prt - to Jud 02/02 Rpt out - to 14th Ord 02/10 Rpt out amen - to engros 02/11 Rpt engros - 1st rdg - to 2nd rdg as amen 02/12 2nd rdg - to 3rd rdg as amen 02/18 To 14th Ord 02/23 Rpt out amen - to engros 02/24 Rpt engros - 1st rdg - to 2nd rdg as amen 02/25 2nd rdg - to 3rd rdg as amen 03/02 3rd rdg as amen - PASSED - 34-0-1 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Twiggs, Wheeler, Whitworth NAYS--None Absent and excused--Parry Floor Sponsor - Sorensen Title apvd - to House 03/03 House intro - 1st rdg as amen - to Jud 03/12 Rpt out - rec d/p - to 2nd rdg as amen 03/15 2nd rdg - to 3rd rdg as amen 03/17 3rd rdg as amen - PASSED - 64-0-6 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kendell, Kunz, Limbaugh, Linford, Loertscher, Mader, Marley, McKague, Meyer(Duncan), Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood, Mr Speaker NAYS -- None Absent and excused -- Black, Kellogg, Kempton, Lake, Ridinger, Zimmermann Floor Sponsor - Tippets Title apvd - to Senate - to enrol 03/18 Rpt enrol - Pres signed - Sp signed 03/19 To Governor 03/23 Governor signed Session Law Chapter 157 Effective: 07/01/98
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999 IN THE SENATE SENATE BILL NO. 1043, As Amended, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE POWERS AND DUTIES OF THE STATE APPELLATE PUBLIC DEFENDER; 3 AMENDING SECTION 19-870, IDAHO CODE, TO ESTABLISH PARAMETERS GOVERNING THE 4 APPOINTMENT OF THE STATE APPELLATE PUBLIC DEFENDER TO CASES; DECLARING AN 5 EMERGENCY AND PROVIDING A RETROACTIVE EFFECTIVE DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 19-870, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 19-870. POWERS AND DUTIES. (1) Subject to the provisions of subsection 10 (2) of this section, the state appellate public defender, upon appointment by 11 the court, shall provide representation for indigent defendants in felony 12 criminal actions in the following cases: 13 (a) Appeals from convictions in district court , where the appellant 14 was convicted on or after September 1, 1998 ; 15 (b) Appeals from the district court in post-conviction relief proceedings 16 brought pursuant to the uniform post-conviction procedure act, chapter 49, 17 title 19, Idaho Code , where the denial of the post-conviction relief 18 occurred on or after September 1, 1998 ; 19 (c) Appeals from the district court in habeas corpus proceedings brought 20 pursuant to chapter 42, title 19, Idaho Code , where the petition was 21 denied on or after September 1, 1998 ; 22 (d) Post-conviction relief proceedings in district court in capital cases 23 where the appellant was sentenced on or after September 1, 1998, or 24 where the court has appointed the state appellate public defender or the 25 state appellate public defender has accepted the request by the court for 26 representation in the case and such event occurred on or after July 1, 27 1998, but before March 1, 1999 . 28 (2) The services of the state appellate public defender shall be avail- 29 able only to those counties participating in the capital crimes defense fund 30 established pursuant to section 19-863A, Idaho Code. 31 (3) The state appellate public defender may employ deputy state appellate 32 public defenders and other employees necessary to carry out the responsibili- 33 ties of the office. The state appellate public defender, in his discretion, 34 may contract with private attorneys to provide representation on a case-by- 35 case basis when such contracts would conserve budgetary resources. 36 (a) A deputy state appellate public defender must be licensed to practice 37 law in the state of Idaho and possess any other qualifications required by 38 the state appellate public defender. 39 (b) The state appellate public defender shall fix the compensation of all 40 employees of the office and they shall serve at his pleasure. 41 (c) The state appellate public defender, deputy state appellate public 42 defenders and all employees of the office of the state appellate public 43 defender shall be nonclassified employees, pursuant to section 67-5303, 2 1 Idaho Code. 2 (4) The state appellate public defender shall have any and all other 3 powers and duties necessary to carry out the purposes of this act, including 4 the authority to promulgate rules in accordance with the provisions of chapter 5 52, title 67, Idaho Code. 6 SECTION 2. An emergency existing therefor, which emergency is hereby 7 declared to exist, this act shall be in full force and effect on and after its 8 passage and approval, and retroactively to July 1, 1998.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999 Moved by Sorensen Seconded by IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1043 1 AMENDMENT TO SECTION 2 2 On page 2 of the printed bill, in line 4, following "approval" insert: ", 3 and retroactively to July 1, 1998". 4 CORRECTION TO TITLE 5 On page 1, in line 4, delete "AND"; and in line 5 following "EMERGENCY" 6 insert: "AND PROVIDING A RETROACTIVE EFFECTIVE DATE". Moved by Geddes Seconded by Sorensen IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1043, AS AMENDED 7 AMENDMENT TO SECTION 1 8 On page 1 of the engrossed bill, in line 23, following " 1998 9 " insert: " , or where the court has appointed the state appel- 10 late public defender or the state appellate public defender has accepted the 11 request by the court for representation in the case and such event occurred on 12 or after July 1, 1998, but before March 1, 1999 ".
STATEMENT OF PURPOSE - RS08487C1 Amendment to Idaho Code 19-870 et. seq. to conform with the original legislative intent of the section. The legislature intended that only cases subject to the code where the conviction, judgement, sentence or post-conviction denial or dismissal occurred or was entered after the effective date of the statute could be assigned by the court to the newly created office of the state appellate public defender. The proposed amendment will accomplish the intent. FISCAL IMPACT It is projected that the cost savings to the state will be substantial. As the statute currently stands, the courts could assign to the state appellate public defender all cases in litigation meeting the statutory criteria that are currently active regardless of the age of the case. The state appellate public defender is neither staffed nor funded to manage such a contingency. Amending the statute would save the state hundreds of thousands of dollars. CONTACT Name: Ron A. Coulter Agency: Office of the State Appellate Public Defender Phone: 334-2712 Statement of Purpose/Fiscal Impact S1043