2001 Legislation
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SENATE BILL NO. 1053 – Atty fee/needy persn/reimburse cnty

SENATE BILL NO. 1053

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Daily Data Tracking History



S1053................................................by JUDICIARY AND RULES
ATTORNEY'S FEES - Amends existing law to provide for reimbursement to the
county by certain needy persons who have received services of an attorney
provided at public expense; and to provide that the immediate inability of
the needy person to pay the reimbursement shall not alone restrict the
court from ordering reimbursement.
                                                                        
02/01    Senate intro - 1st rdg - to printing
02/02    Rpt prt - to Jud
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 32-1-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
      Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Williams,
      NAYS -- Whitworth
      Absent and excused -- Danielson, Goedde
    Floor Sponsor -- Davis
    Title apvd - to House
02/21    House intro - 1st rdg - to Jud
03/22    Rpt out - rec d/p - to 2nd rdg
03/23    2nd rdg - to 3rd rdg
03/28    3rd rdg - PASSED - 61-2-7
      AYES -- Barraclough, Barrett, Bedke, Bell, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Chase, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Hansen, Harwood, Hornbeck, Jaquet,
      Jones, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley,
      McKague, Meyer, Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould,
      Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie,
      Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young(Young), Mr.
      Speaker
      NAYS -- Bieter, Henbest(Farley)
      Absent and excused -- Campbell, Higgins, Kellogg, Montgomery,
      Pischner, Roberts, Smith
    Floor Sponsor -- Moss
    Title apvd - to Senate
03/29    To enrol
    Rpt enrol - Pres signed
03/30    Sp signed - to Governor
04/02    Governor signed
         Session Law Chapter 287
         Effective: 04/02/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1053
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO REIMBURSEMENT OF ATTORNEY'S FEES BY CERTAIN NEEDY PERSONS;  AMEND-
  3        ING SECTION 19-854, IDAHO CODE, TO PROVIDE FOR REIMBURSEMENT TO THE COUNTY
  4        BY  CERTAIN  NEEDY  PERSONS WHO HAVE RECEIVED SERVICES OF AN ATTORNEY PRO-
  5        VIDED AT PUBLIC EXPENSE, TO PROVIDE THAT THE IMMEDIATE  INABILITY  OF  THE
  6        NEEDY  PERSON  TO PAY THE REIMBURSEMENT SHALL NOT ALONE RESTRICT THE COURT
  7        FROM ORDERING REIMBURSEMENT AND TO MAKE TECHNICAL CORRECTIONS; AND DECLAR-
  8        ING AN EMERGENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 19-854, Idaho Code, be, and the  same  is  hereby
 11    amended to read as follows:
                                                                        
 12        19-854.  DETERMINATION OF NEED -- FACTORS CONSIDERED -- PARTIAL PAYMENT BY
 13    ACCUSED -- REIMBURSEMENT. (a) The determination of whether a person covered by
 14    section  19-852,  Idaho  Code,  is  a needy person shall be deferred until his
 15    first appearance in court or in a suit for payment or reimbursement under sec-
 16    tion 19-858, Idaho Code, whichever occurs earlier. Thereafter, the court  con-
 17    cerned shall determine, with respect to each proceeding, whether he is a needy
 18    person.
 19        (b)  In  determining whether a person is a needy person and in determining
 20    the extent of his inability to pay, the court concerned may consider such fac-
 21    tors as income, property owned, outstanding obligations, and  the  number  and
 22    ages  of his dependents. Release on bail does not necessarily prevent him from
 23    being a needy person. In each case, the person shall, subject to the penalties
 24    for perjury, certify in writing or  by  other  record  such  material  factors
 25    relating to his ability to pay as the court prescribes.
 26        (c)  To the extent that a person covered by section 19-852, Idaho Code, is
 27    able  to  provide for an attorney, the other necessary services and facilities
 28    of representation, and court costs, the court may order  him  to  provide  for
 29    their payment.
 30        (d)  A  needy  person who receives the services of an attorney provided by
 31    the county may be required by the court to reimburse the county for all  or  a
 32    portion  of  the  cost of those services. The immediate inability of the needy
 33    person to pay the reimbursement shall not, in  and  of  itself,  restrict  the
 34    court from ordering reimbursement.
                                                                        
 35        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 36    declared to exist, this act shall be in full force and effect on and after its
 37    passage and approval.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS 10671
                                
Recently the Idaho Court of Appeals (State of Idaho vs. Burnell
Owen Weaver), 2000 opinion number seventy-three ruled that the
current statutory construction providing for reimbursement of
Public Defender fees was inadequate. The purpose of this bill is
to correct Idaho Code Section 19 854 to be consistent with the
Court s analysis. The purpose of this bill is to allow counties
to recover court ordered reimbursement of attorneys  fees.

                                 

                          FISCAL IMPACT
                                
                                
                                
The effect of the Idaho Court of Appeals decision is to deny our
counties the right to recover reimbursements amounting to several
hundred thousand dollars per year throughout the State of Idaho.


Contact
      Name:    Bart M. Davis
      Phone:
      332 1339
      
      
      STATEMENT OF PURPOSE/FISCAL NOTE               S 1053