Print Friendly HOUSE BILL NO. 183 – Post-conviction procedure, atty
HOUSE BILL NO. 183
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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
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.
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
|||| 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,
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
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
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.
This bill will not have an impact on state or local funds.
Representative David Bieter
Statement of Purpose/Fiscal Note H 18