2001 Legislation
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SENATE BILL NO. 1044 – Post-conviction relief proceedings

SENATE BILL NO. 1044

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S1044................................................by JUDICIARY AND RULES
POST-CONVICTION RELIEF PROCEEDINGS - Amends existing law to clarify the
types of post-conviction relief proceedings the state appellate public
defender may be appointed to by a court; to require the state appellate
public defender to continue representing certain defendants in retrial or
resentencing; and to require the state appellate public defender to obtain
conflict counsel for certain defendants.
                                                                        
01/30    Senate intro - 1st rdg - to printing
01/31    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1044
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE POWERS AND DUTIES OF  THE  STATE  APPELLATE  PUBLIC  DEFENDER;
  3        AMENDING  SECTION 19-870, IDAHO CODE, TO CLARIFY THE TYPES OF POST-CONVIC-
  4        TION RELIEF  PROCEEDINGS  THE  STATE  APPELLATE  PUBLIC  DEFENDER  MAY  BE
  5        APPOINTED TO BY A COURT, TO REQUIRE THE STATE APPELLATE PUBLIC DEFENDER TO
  6        CONTINUE REPRESENTING CERTAIN DEFENDANTS IN RETRIAL OR RESENTENCING AND TO
  7        REQUIRE THE STATE APPELLATE PUBLIC DEFENDER TO OBTAIN CONFLICT COUNSEL FOR
  8        CERTAIN DEFENDANTS; AND DECLARING AN EMERGENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section  19-870, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        19-870.  POWERS AND DUTIES. (1) Subject to the  provisions  of  subsection
 13    (2)  of this section, the state appellate public defender, upon appointment by
 14    the court, shall provide representation  for  indigent  defendants  in  felony
 15    criminal actions in the following cases:
 16        (a)  Appeals  from  convictions in district court, where the appellant was
 17        convicted on or after September 1, 1998;
 18        (b)  Appeals from the district court in post-conviction relief proceedings
 19        brought pursuant to the uniform post-conviction procedure act, chapter 49,
 20        title 19, Idaho Code, where  the  denial  of  the  post-conviction  relief
 21        occurred on or after September 1, 1998;
 22        (c)  Appeals  from the district court in habeas corpus proceedings brought
 23        pursuant to chapter 42, title 19,  Idaho  Code,  where  the  petition  was
 24        denied on or after September 1, 1998;
 25        (d)  Post-conviction relief proceedings in district court in capital cases
 26        where  the appellant was sentenced on or after September 1, 1998, or where
 27        the court has appointed the state appellate public defender or  the  state
 28        appellate public defender has accepted the request by the court for repre-
 29        sentation  in  the  case and such event occurred on or after July 1, 1998,
 30        but before March 1, 1999.
 31        (e)  For  purposes  of  paragraph  (d)  of  this  subsection,   the   term
 32        "post-conviction  relief  proceedings" shall mean all proceedings in state
 33        courts following entry of the death sentence and appointment of the  state
 34        appellate  public defender other than motions under Idaho criminal rule 35
 35        and other posttrial motions incident to the underlying criminal case which
 36        resulted in the imposition of the death sentence. In the  event  that  the
 37        state  appellate  public  defender obtains a new trial or a new sentencing
 38        hearing in a post-conviction proceeding or on appeal, the state  appellate
 39        public  defender  shall  continue  to represent the capital defendant in a
 40        retrial or resentencing and shall be responsible  for  obtaining  conflict
 41        counsel  for  post-conviction  following  reimposition  of the sentence of
 42        death, should that occur.
 43        (2)  The services of the state appellate public defender shall  be  avail-
                                                                        
                                           2
                                                                        
  1    able  only  to those counties participating in the capital crimes defense fund
  2    established pursuant to section 19-863A, Idaho Code.
  3        (3)  The state appellate public defender may employ deputy state appellate
  4    public defenders and other employees necessary to carry out the  responsibili-
  5    ties  of   the office. The state appellate public defender, in his discretion,
  6    may contract with private attorneys to provide representation  on  a  case-by-
  7    case basis when such contracts would conserve budgetary resources.
  8        (a)  A deputy state appellate public defender must be licensed to practice
  9        law in the state of Idaho and possess any other qualifications required by
 10        the state appellate public defender.
 11        (b)  The state appellate public defender shall fix the compensation of all
 12        employees of the office and they shall serve at his pleasure.
 13        (c)  The  state  appellate  public defender, deputy state appellate public
 14        defenders and all employees of the office of the  state  appellate  public
 15        defender  shall  be  nonclassified employees, pursuant to section 67-5303,
 16        Idaho Code.
 17        (4)  The state appellate public defender shall  have  any  and  all  other
 18    powers  and  duties necessary to carry out the purposes of this act, including
 19    the authority to promulgate rules in accordance with the provisions of chapter
 20    52, title 67, Idaho Code.
                                                                        
 21        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 22    declared to exist, this act shall be in full force and effect on and after its
 23    passage and approval.

Statement of Purpose / Fiscal Impact


                    


                       STATEMENT OF PURPOSE

                            RS 10652
                                
                                
                                
Amendment to Idaho Code Section 19-870 et.seq to clarify the
jurisdiction of the State Appellate Public Defender in Death
Penalty Cases.  The proposed amendment will clarify the
jurisdiction of the State Appellate Public Defender in death
penalty cases they have been assigned.  It will ensure that the
State Appellate Public Defender will continue to represent the
capital defendant in re-trial or re-sentencing and will be
responsible, on those very infrequent occasions, for obtaining
conflict counsel for post-conviction proceedings following re-
imposition of the sentence of death, should that occur. 
Additionally, the proposed amendment will ensure that the trial
defense counsel will continue to be responsible for post-trial
motions that are incident to the underlying case.
                          FISCAL IMPACT
It is projected that the cost savings to the counties will be
substantial.  Through the addition of the clarifying language to
the statute, counties participating in the capital crimes defense
fund are assured that once the death penalty has been imposed in
a capital case, the requirement of providing competent
representation to include conflict counsel rest with the Office
of the State Appellate Public Defender as the Legislature
intended.  Given the case specific nature of capital litigation,
in those instances where supplemental spending appropriation is
needed, especially in the event of a re-trial or conflict, where
appropriate, the State Appellate Public Defender will request
such funding.

Contact
Name: Ronaldo A. Coulter
State Appellate Public Defender 
Phone: (208) 334-2712



STATEMENT OF PURPOSE/FISCAL NOTE             S1044