Introduced Version






HOUSE BILL No. 1456

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 33-40-3-6; IC 35-38-2-4.

Synopsis: Public defender fees for probation violations. Provides that if a person is represented by a public defender in a probation violation hearing and the court determines the person is able to pay for part of the costs of the representation, the court shall order the person to pay $100. Provides that a court may make a finding of ability to pay the costs of representation for a probation violation hearing.

Effective: July 1, 2011.





Neese




    January 20, 2011, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1456



    A BILL FOR AN ACT to amend the Indiana Code concerning corrections.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 33-40-3-6; (11)IN1456.1.1. -->     SECTION 1. IC 33-40-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) If at any stage of a prosecution for a felony, or a misdemeanor, or a probation violation, the court makes a finding of ability to pay the costs of representation under section 7 of this chapter, the court shall require payment by the person or the person's parent, if the person is a child alleged to be a delinquent child, of the following costs in addition to other costs assessed against the person:
        (1) Reasonable attorney's fees if an attorney has been appointed for the person by the court.
        (2) Costs incurred by the county as a result of court appointed legal services rendered to the person.
    (b) The clerk of the court shall deposit costs collected under this section into the supplemental public defender services fund established under section 1 of this chapter.
    (c) A person ordered to pay any part of the costs of representation under subsection (a) has the same rights and protections as those of

other judgment debtors under the Constitution of the State of Indiana and under Indiana law.
    (d) The sum of:
        (1) the fee collected under IC 35-33-7-6;
        (2) any amount assessed by the court under this section; and
        (3) any amount ordered to be paid under IC 33-37-2-3;
may not exceed the cost of defense services rendered to the person.

SOURCE: IC 35-38-2-4; (11)IN1456.1.2. -->     SECTION 2. IC 35-38-2-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) Before the completion of a probation violation hearing, if the person charged with the probation violation is represented by a public defender, the judicial officer shall determine whether the person is able to pay part of the cost of representation. If the judicial officer determines the person is able to pay part of the cost of representation, the court shall order the person to pay one hundred dollars ($100) to the clerk of the court.
    (b) The clerk of the court shall deposit fees collected under this section in the county's supplemental public defender services fund established under IC 33-40-3-1.
    (c) The court may review the determination under subsection (a) at any time during the proceedings.