HOUSE BILL No. 1456
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.
January 20, 2011, read first time and referred to Committee on Courts and Criminal Code.
First Regular Session 117th General Assembly (2011)
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HOUSE BILL No. 1456
A BILL FOR AN ACT to amend the Indiana Code concerning
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,
a misdemeanor, or a probation
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.