View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0183................................by JUDICIARY, RULES AND ADMINISTRATION POST-CONVICTION PROCEDURE - Amends existing law to clarify the appointment of attorneys at public expense in uniform post-conviction procedure act proceedings. 02/08 House intro - 1st rdg - to printing 02/09 Rpt prt - to Jud 02/16 Rpt out - rec d/p - to 2nd rdg 02/19 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 64-2-4 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- Crow, McKague Absent and excused -- Collins, Hornbeck, Ridinger, Roberts Floor Sponsor -- Bieter Title apvd - to Senate 02/22 Senate intro - 1st rdg - to Jud 02/27 Rpt out - rec d/p - to 2nd rdg 02/28 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth NAYS -- None Absent and excused -- Williams Floor Sponsor -- Davis Title apvd - to House 03/19 To enrol 03/20 Rpt enrol - Sp signed 03/21 Pres signed - to Governor 03/23 Governor signed Session Law Chapter 160 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 183 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO DUTY TO ADVISE ACCUSED OR DETAINED OF RIGHT TO COUNSEL; AMENDING 3 SECTION 19-853, IDAHO CODE, TO CLARIFY THE APPOINTMENT OF ATTORNEYS AT 4 PUBLIC EXPENSE IN UNIFORM POST-CONVICTION PROCEDURE ACT PROCEEDINGS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 19-853, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 19-853. DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL -- 9 APPOINTMENT OF COUNSEL. (a) If a person who is being detained by a law 10 enforcement officer, or who is confined or who is the subject of hospitaliza- 11 tion proceedings pursuant to sections 66-322, 66-326, 66-329 or 66-409, Idaho 12 Code, or who is under formal charge of having committed, or is being detained 13 under a conviction of, a serious crime, is not represented by an attorney 14 under conditions in which a person having his own counsel would be entitled to 15 be so represented, the law enforcement officers concerned, upon commencement 16 of detention, or the court, upon formal charge or hearing, as the case may be, 17 shall: 18 (1) clearly inform him of his right to counsel and of the right of a 19 needy person to be represented by an attorney at public expense; and 20 (2) if the person detained or charged does not have an attorney, notify 21 the public defender or trial court concerned, as the case may be, that he 22 is not so represented. As used in this subsection, the term "commencement 23 of detention" includes the taking into custody of a probationer. 24 (b) Upon commencement of any later judicial proceeding relating to the 25 same matter, including, but not limited to, preliminary hearing, arraignment, 26 trial, any post-conviction proceeding, or post-commitment proceeding, the pre- 27 siding officer shall clearly inform the person so detained or charged of his 28 right to counsel and of the right of a needy person to be represented by an 29 attorney at public expense. Provided, the appointment of an attorney at public 30 expense in uniform post-conviction procedure act proceedings shall be in 31 accordance with section 19-4904, Idaho Code. 32 (c) If a court determines that the person is entitled to be represented 33 by an attorney at public expense, it shall promptly notify the public defender 34 or assign an attorney, as the case may be. 35 (d) Upon notification by the court or assignment under this section, the 36 public defender or assigned attorney, as the case may be, shall represent the 37 person with respect to whom the notification or assignment is made.
STATEMENT OF PURPOSE RS10833 This bill amends section 19-853, Idaho Code, relating to the duty to advise an accused of the right to counsel at public expense, to clarify that the right to court appointed counsel in uniform post- conviction relief cases is discretionary with the court. Section 19-853, Idaho Code, describes the duty of judicial and law enforcement officers to inform persons of their right to counsel. Currently, language in section 19-853(b) which refers to "any post- conviction proceeding" may give the erroneous impression that a defendant has an absolute right to publicly funded counsel in a Uniform Post-Conviction Procedure Act proceeding, a separate civil remedy to test the legality of the conviction unrelated to the criminal proceeding. However, under section 19-4904 of the Uniform Post-Conviction Procedure Act, the authorization of expenses of representation and court appointed counsel are discretionary with the court. This bill adds language to 19-853(b) to express that the Uniform Post-Conviction Procedure Act controls in regard to the appointment of publicly funded counsel. FISCAL NOTE This bill will not have an impact on state or local funds. Contact Person: Representative David Bieter (208) 332-1000 Statement of Purpose/Fiscal Note H 18