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S1450aa..............................................by JUDICIARY AND RULES APPELLATE PUBLIC DEFENDER - Amends existing law to provide that for defendants sentenced in certain counties in capital cases, if the state appellate public defender obtains a new sentencing hearing in a postconviction proceeding or on appeal, the state appellate public defender shall continue to represent the capital defendant in a resentencing and shall be responsible for obtaining conflict counsel for postconviction following reimposition of a sentence. 02/14 Senate intro - 1st rdg - to printing 02/15 Rpt prt - to Jud 03/04 Rpt out - to 14th Ord 03/11 Rpt out amen - to engros 03/12 Rpt engros - 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 34-0-1 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- King-Barrutia Floor Sponsors - Geddes & Risch Title apvd - to House 03/13 House intro - 1st rdg - to Approp
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1450 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE STATE APPELLATE PUBLIC DEFENDER; AMENDING SECTION 19-870, 3 IDAHO CODE, TO PROVIDE THAT FOR DEFENDANTS SENTENCED IN CERTAIN COUNTIES 4 IN CAPITAL CASES, IF THE STATE APPELLATE PUBLIC DEFENDER OBTAINS A NEW 5 SENTENCING HEARING IN A POSTCONVICTION PROCEEDING OR ON APPEAL, THE STATE 6 APPELLATE PUBLIC DEFENDER SHALL CONTINUE TO REPRESENT THE CAPITAL DEFEND- 7 ANT IN A RESENTENCING AND SHALL BE RESPONSIBLE FOR OBTAINING CONFLICT 8 COUNSEL FOR POSTCONVICTION FOLLOWING REIMPOSITION OF THE SENTENCE SHOULD 9 THAT OCCUR AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 19-870, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 19-870. POWERS AND DUTIES. (1) Subject to the provisions of subsection 14 (2) of this section, the state appellate public defender, upon appointment by 15 the court, shall provide representation for indigent defendants in felony 16 criminal actions in the following cases: 17 (a) Appeals from convictions in district court, where the appellant was 18 convicted on or after September 1, 1998; 19 (b) Appeals from the district court inpost-convictionpostconviction 20 relief proceedings brought pursuant to the uniformpost-conviction21 postconviction procedure act, chapter 49, title 19, Idaho Code, where the 22 denial of thepost-convictionpostconviction relief occurred on or after 23 September 1, 1998; 24 (c) Appeals from the district court in habeas corpus proceedings brought 25 pursuant to chapter 42, title 19, Idaho Code, where the petition was 26 denied on or after September 1, 1998; 27 (d)Post-convictionPostconviction relief proceedings in district court 28 in capital cases where the appellant was sentenced on or after September 29 1, 1998, or where the court has appointed the state appellate public 30 defender or the state appellate public defender has accepted the request 31 by the court for representation in the case and such event occurred on or 32 after July 1, 1998, but before March 1, 1999; 33 (e) The following shall apply to defendants who were sentenced in coun- 34 ties with a population of less than sixty-four thousand (64,000) according 35 to the latest U.S. census figures: in capital cases, if the state appel- 36 late public defender obtains a new sentencing hearing in a postconviction 37 proceeding or on appeal, the state appellate public defender shall con- 38 tinue to represent the capital defendant in a resentencing and shall be 39 responsible for obtaining conflict counsel for postconviction following 40 reimposition of the sentence should that occur. 41 (2) The services of the state appellate public defender shall be avail- 42 able only to those counties participating in the capital crimes defense fund 43 established pursuant to section 19-863A, Idaho Code. 2 1 (3) The state appellate public defender may employ deputy state appellate 2 public defenders and other employees necessary to carry out the responsibili- 3 ties of the office. The state appellate public defender, in his discretion, 4 may contract with private attorneys to provide representation on a case-by- 5 case basis when such contracts would conserve budgetary resources. 6 (a) A deputy state appellate public defender must be licensed to practice 7 law in the state of Idaho and possess any other qualifications required by 8 the state appellate public defender. 9 (b) The state appellate public defender shall fix the compensation of all 10 employees of the office and they shall serve at his pleasure. 11 (c) The state appellate public defender, deputy state appellate public 12 defenders and all employees of the office of the state appellate public 13 defender shall be nonclassified employees, pursuant to section 67-5303, 14 Idaho Code. 15 (4) The state appellate public defender shall have any and all other 16 powers and duties necessary to carry out the purposes of this act, including 17 the authority to promulgate rules in accordance with the provisions of chapter 18 52, title 67, Idaho Code. 19 SECTION 2. An emergency existing therefor, which emergency is hereby 20 declared to exist, this act shall be in full force and effect on and after its 21 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Geddes Seconded by Risch IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1450 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 34, delete "sixty-four thousand 3 (64,000)" and insert: "nine thousand (9,000)".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1450, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE STATE APPELLATE PUBLIC DEFENDER; AMENDING SECTION 19-870, 3 IDAHO CODE, TO PROVIDE THAT FOR DEFENDANTS SENTENCED IN CERTAIN COUNTIES 4 IN CAPITAL CASES, IF THE STATE APPELLATE PUBLIC DEFENDER OBTAINS A NEW 5 SENTENCING HEARING IN A POSTCONVICTION PROCEEDING OR ON APPEAL, THE STATE 6 APPELLATE PUBLIC DEFENDER SHALL CONTINUE TO REPRESENT THE CAPITAL DEFEND- 7 ANT IN A RESENTENCING AND SHALL BE RESPONSIBLE FOR OBTAINING CONFLICT 8 COUNSEL FOR POSTCONVICTION FOLLOWING REIMPOSITION OF THE SENTENCE SHOULD 9 THAT OCCUR AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 19-870, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 19-870. POWERS AND DUTIES. (1) Subject to the provisions of subsection 14 (2) of this section, the state appellate public defender, upon appointment by 15 the court, shall provide representation for indigent defendants in felony 16 criminal actions in the following cases: 17 (a) Appeals from convictions in district court, where the appellant was 18 convicted on or after September 1, 1998; 19 (b) Appeals from the district court inpost-convictionpostconviction 20 relief proceedings brought pursuant to the uniformpost-conviction21 postconviction procedure act, chapter 49, title 19, Idaho Code, where the 22 denial of thepost-convictionpostconviction relief occurred on or after 23 September 1, 1998; 24 (c) Appeals from the district court in habeas corpus proceedings brought 25 pursuant to chapter 42, title 19, Idaho Code, where the petition was 26 denied on or after September 1, 1998; 27 (d)Post-convictionPostconviction relief proceedings in district court 28 in capital cases where the appellant was sentenced on or after September 29 1, 1998, or where the court has appointed the state appellate public 30 defender or the state appellate public defender has accepted the request 31 by the court for representation in the case and such event occurred on or 32 after July 1, 1998, but before March 1, 1999; 33 (e) The following shall apply to defendants who were sentenced in coun- 34 ties with a population of less than nine thousand (9,000) according to the 35 latest U.S. census figures: in capital cases, if the state appellate pub- 36 lic defender obtains a new sentencing hearing in a postconviction proceed- 37 ing or on appeal, the state appellate public defender shall continue to 38 represent the capital defendant in a resentencing and shall be responsible 39 for obtaining conflict counsel for postconviction following reimposition 40 of the sentence should that occur. 41 (2) The services of the state appellate public defender shall be avail- 42 able only to those counties participating in the capital crimes defense fund 43 established pursuant to section 19-863A, Idaho Code. 2 1 (3) The state appellate public defender may employ deputy state appellate 2 public defenders and other employees necessary to carry out the responsibili- 3 ties of the office. The state appellate public defender, in his discretion, 4 may contract with private attorneys to provide representation on a case-by- 5 case basis when such contracts would conserve budgetary resources. 6 (a) A deputy state appellate public defender must be licensed to practice 7 law in the state of Idaho and possess any other qualifications required by 8 the state appellate public defender. 9 (b) The state appellate public defender shall fix the compensation of all 10 employees of the office and they shall serve at his pleasure. 11 (c) The state appellate public defender, deputy state appellate public 12 defenders and all employees of the office of the state appellate public 13 defender shall be nonclassified employees, pursuant to section 67-5303, 14 Idaho Code. 15 (4) The state appellate public defender shall have any and all other 16 powers and duties necessary to carry out the purposes of this act, including 17 the authority to promulgate rules in accordance with the provisions of chapter 18 52, title 67, Idaho Code. 19 SECTION 2. An emergency existing therefor, which emergency is hereby 20 declared to exist, this act shall be in full force and effect on and after its 21 passage and approval.
STATEMENT OF PURPOSE RS 12067 The purpose of this legislation is to require that in a capital case where the State Appellate Public Defender has provided representation to a capital defendant, and receives a new sentencing hearing based on a postconviction proceeding or an appeal, the State Appellate Public Defender shall continue to represent the capital defendant. This legislation applies to only counties where the population is less than 64,000 residents. FISCAL IMPACT The fiscal impact will be minimal, as this legislation simply defines the responsibilities of the State Appellate Public Defender. Any fiscal impact will be assessed to the State Appellate Public Defenders annual appropriation. Contact: Senator Robert L. Geddes, 332-1300 Senator Jim Risch, 332-1303 STATEMENT OF PURPOSE/FICAL NOTE S 1450