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ID H0147
Bill
Status
4/2/2013
Primary Sponsor
Judiciary, Rules and Administration Committee
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AI Summary
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Replaces the term "needy person" with "indigent person" throughout Idaho Code sections 19-851 through 19-865 relating to right to counsel and public defense
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Establishes presumption that persons are indigent if their monthly income does not exceed 187% of federal poverty guidelines, receive public assistance, or are serving sentences in correctional or mental health facilities, unless contrary to interests of justice
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Prohibits use of indigency certification information as evidence in criminal or civil proceedings except for impeachment, perjury/contempt prosecution, or enforcement of reimbursement obligations
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Allows courts to order convicted indigent persons to reimburse counties for attorney services costs unless such requirement would impose manifest hardship, regardless of immediate inability to pay
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Repeals Section 19-856 regarding appointment of substitute attorneys and removes requirement that waivers of counsel be in writing, allowing waiver by other record
Legislative Description
Amends and repeals existing law relating to examination of case and discharge or commitment of accused to revise terminology; to provide provisions relating to a determination of indigency; to prohibit the use of certain information for certain purposes with exceptions, to revise provisions relating to reimbursement for certain costs; to remove a requirement that a certain waiver be in writing or other record; to revise provisions relating to reimbursement to a county; to revise provisions relating to a certain duty of the Board of County Commissioners of each county; and to revise provisions relating to certain records and a report.
EXAMINATION OF CASE AND DISCHARGE
Last Action
Reported Signed by Governor on April 2, 2013 Session Law Chapter 220 Effective: 07/01/13
4/2/2013