2001 Legislation
Print Friendly

HOUSE BILL NO. 183 – Post-conviction procedure, atty

HOUSE BILL NO. 183

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN 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 / Fiscal Impact


                      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