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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 - 2002
IN 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 in post-conviction postconviction
20 relief proceedings brought pursuant to the uniform post-conviction
21 postconviction procedure act, chapter 49, title 19, Idaho Code, where the
22 denial of the post-conviction postconviction 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-conviction Postconviction 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 - 2002
Moved 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 - 2002
IN 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 in post-conviction postconviction
20 relief proceedings brought pursuant to the uniform post-conviction
21 postconviction procedure act, chapter 49, title 19, Idaho Code, where the
22 denial of the post-conviction postconviction 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-conviction Postconviction 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