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ND SB2105

Bill

Status

Introduced

1/4/2011

Primary Sponsor

Unknown

Origin

Senate

62nd Legislative Assembly

AI Summary

  • Amends section 54-61-01 to expand the Commission on Legal Counsel for Indigents' purpose to include providing state-funded legal services to "other criminal defendants" beyond just indigent individuals, as required by state and federal constitutions.

  • Creates new section requiring state-funded legal counsel for defendants who knowingly and voluntarily refuse to obtain private counsel and are determined by the court to be incompetent to represent themselves.

  • Requires courts to consider six specific factors when determining self-representation competency: defendant's age, education, experience, personal background, court-ordered evaluations, understanding of proceedings and potential sentences, impact of mental impairment on legal defense, and ability to communicate with court and witnesses.

  • Requires defendants receiving legal counsel services under this provision to reimburse amounts expended on their behalf pursuant to section 29-07-01.1.

  • Appropriates $70,500 from the general fund to the Commission on Legal Counsel for Indigents for the 2011-2013 biennium to provide legal counsel services to defendants who refuse private counsel but are found incompetent to self-represent.

Legislative Description

Responsibilities of the commission on legal counsel for indigents; and to provide an appropriation.

Last Action

Second reading, failed to pass, yeas 0 nays 47

2/1/2011

Committee Referrals

Judiciary1/4/2011

Full Bill Text

No bill text available