2000 Legislation
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SENATE BILL NO. 1549 – Legal representation, needy persons

SENATE BILL NO. 1549

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Daily Data Tracking History



S1549................................................by JUDICIARY AND RULES
LEGAL REPRESENTATION - NEEDY - Amends existing law to provide for legal
representation of needy persons; to specify when a person shall be deemed a
needy person and may not be required to make payment or reimbursement for
the costs of the legal representation; and to provide that the prosecuting
attorney may not seek payment or reimbursement for legal assistance from a
needy person deemed to be needy under the statutory criteria at the time
the assistance was rendered.
                                                                        
03/07    Senate intro - 1st rdg - to printing
03/08    Rpt prt - to Jud

Bill Text


 S1549
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1549
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LEGAL REPRESENTATION OF NEEDY PERSONS;  AMENDING  SECTION  19-851,
  3        IDAHO  CODE, TO DEFINE CURRENT HOUSEHOLD INCOME AND TO MAKE TECHNICAL COR-
  4        RECTIONS; AMENDING SECTION 19-854, IDAHO CODE, TO SPECIFY  WHEN  A  PERSON
  5        SHALL  BE DEEMED A NEEDY PERSON AND MAY NOT BE REQUIRED TO MAKE PAYMENT OR
  6        REIMBURSEMENT FOR THE COSTS OF PROVIDING THE PERSON WITH LEGAL REPRESENTA-
  7        TION AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 19-858, IDAHO
  8        CODE, TO PROVIDE THAT THE PROSECUTING ATTORNEY MAY  NOT  SEEK  PAYMENT  OR
  9        REIMBURSEMENT  FOR LEGAL ASSISTANCE FROM A NEEDY PERSON DEEMED TO BE NEEDY
 10        UNDER THE STATUTORY CRITERIA AT THE TIME THE ASSISTANCE WAS  RENDERED  AND
 11        TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section  19-851, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        19-851.  RIGHT TO REPRESENTATION BY COUNSEL -- DEFINITIONS. In  this  act,
 16    the term:
 17        (a)  "Current  household  income"  means  the  total money earned from any
 18    source whatsoever during the immediately preceding month by all persons living
 19    in a household, whether or not those persons are related by  blood,  marriage,
 20    adoption or otherwise;
 21        (b)  "Detain"  means to have in custody or otherwise deprive of freedom of
 22    action;
 23        (bc)  "Expenses," when used with reference to  representation  under  this
 24    act, includes the expenses of investigation, other preparation, and trial;
 25        (cd)  "Needy  person"  means  a person who, at the time his need is deter-
 26    mined, is unable to provide for the full payment of an attorney and all  other
 27    necessary expenses of representation;
 28        (de)  "Serious crime" includes:
 29        (1)  aA felony;
 30        (2)  aAny  misdemeanor or offense the penalty for which, excluding impris-
 31        onment for non-payment nonpayment of a fine, includes the  possibility  of
 32        confinement for more than six (6) months.
                                                                        
 33        SECTION  2.  That  Section  19-854, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        19-854.  DETERMINATION OF NEED -- FACTORS CONSIDERED -- PARTIAL PAYMENT BY
 36    ACCUSED. (a) The determination of whether a person covered by section  19-852,
 37    Idaho  Code, is a needy person shall be deferred until his first appearance in
 38    court or in a suit for payment or reimbursement under  section  19-858,  Idaho
 39    Code,  whichever  occurs earlier. Thereafter, the court concerned shall deter-
 40    mine, with respect to each proceeding, whether he is a needy person.
 41        (b)  In determining whether a person is a needy person and in  determining
                                                                        
                                           2
                                                                        
  1    the extent of his inability to pay, the court concerned may consider such fac-
  2    tors  as income, property owned, outstanding obligations, other hardships, and
  3    the number and ages of his dependents. However, notwithstanding the foregoing,
  4    a person shall be deemed a needy person if that person's total current  house-
  5    hold  income,  as  defined  in section 19-851(a), Idaho Code, is less than one
  6    hundred twenty-five percent (125%) of the federal poverty level for  a  house-
  7    hold  of equivalent size, and in such a case the person may not be required to
  8    pay or reimburse the county or other political subdivision of  the  state  for
  9    attorney's fees or other expenses of providing the person with legal represen-
 10    tation.  Release  on  bail does not necessarily prevent him from being a needy
 11    person. In each case, the person shall, subject to the penalties for  perjury,
 12    certify  in  writing  or by other record such material factors relating to his
 13    ability to pay as the court prescribes.
 14        (c)  To the extent that a person covered by section 19-852, Idaho Code, is
 15    able to provide for an attorney, the other necessary services  and  facilities
 16    of  representation,  and  court  costs, the court may order him to provide for
 17    their payment.
                                                                        
 18        SECTION 3.  That Section 19-858, Idaho Code, be, and the  same  is  hereby
 19    amended to read as follows:
                                                                        
 20        19-858.  REIMBURSEMENT  TO  COUNTY  -- WHEN AUTHORIZED. (a) Except as pro-
 21    vided in subsection (c) of this section, tThe  prosecuting  attorney  of  each
 22    county  may, on behalf of the county, recover payment or reimbursement, as the
 23    case may be, from each person who has received  legal  assistance  or  another
 24    benefit under this act:
 25        (1)  tTo which he was not entitled;
 26        (2)  wWith respect to which he was not a needy person when he received it;
 27        or
 28        (3)  wWith  respect  to  which  he  has  failed  to make the certification
 29        required by section 19-854, Idaho Code; and for which he refuses to pay or
 30        reimburse. Suit must be brought within five (5) years after  the  date  on
 31        which the aid was received.
 32        (b)  The prosecuting attorney of each county may, on behalf of the county,
 33    recover  payment  or reimbursement, as the case may be, from each person other
 34    than a person covered by  subsection  (a)  above  of  this  section,  who  has
 35    received legal assistance under this act and who, on the date on which suit is
 36    brought,  is  financially able to pay or reimburse the county for it according
 37    to the standards of ability to pay applicable under  sections  19-851,  19-852
 38    and  19-854,  Idaho  Code,  but  refuses to do so. Suit must be brought within
 39    three (3) years after the date on which the benefit was received.
 40        (c)  Notwithstanding any other provision  of  law  to  the  contrary,  the
 41    county shall not be entitled to recover any payment or reimbursement for legal
 42    assistance or other benefit under this act from any needy person who meets the
 43    requirements of section 19-854, Idaho Code, and who was a needy person when he
 44    received the legal assistance.
 45        (d)  Amounts  recovered  under  this section shall be paid into the county
 46    general fund.

Statement of Purpose / Fiscal Impact


     
     
                STATEMENT OF PURPOSE 
                      RS 10005 
     
     This bill is intended to reaffirm Idaho's dedication to the guarantee of legal
     representation to those who are unable to afford it when charged with a criminal
     offense, as expressed in both the United States Constitution (6th Amendment) and
     the Idaho Constitution (Article 1 Section 13), and to establish a uniform standard
     throughout the State for provision of counsel at public expense. It does this by
     prohibiting the assessment of costs of representation to the less fortunate, and by 
     setting the financial level at which a person presumptively qualifies for
     representation at public expense. 
     
     
     
     
                     FISCAL NOTE 
     
     There is no fiscal impact to the state.(Nor will there be any fiscal impact to
     counties that have public defender contracted for representation of indigent
     clients.) 
     
     
     
     
     
     
     
     
               CONTACT:  Senator Mel Richardson 
               332-1332
     
                                        STATEMENT OF PURPOSE/FISCAL IMPACT                                    S1549