Bills › 89th General Assembly

HF 842Died when the session ended · March 25, 2021

Relating to the assessment of fees when a public defender or designee requests copies of certain documents

Sponsored by the House Ways and Means (successor To Hf 57) Committee

Topics:Courts & civil lawCrime & corrections

Same legislation: SF 51, HF 57, HF 545, SF 560, SF 593

Write your legislators about it

Also covers SF 51 and HF 57 and HF 545 and SF 560 and SF 593.

Where it is now

  1. Done: IntroducedJanuary 12, 2021
  2. Done: SubcommitteeJanuary 14, 2021
  3. Done: House committeeFebruary 15, 2021
  4. Done: Passes the HouseMarch 25, 2021
  5. Done: Senate committeeApril 6, 2021
  6. Stopped: Passes the SenateDied when the General Assembly ended
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

AI summary Public defenders or their assistants can request copies of certain legal documents for a fee of no more than $10 per request. If the documents are already available online or through a cloud system, there is no charge at all. When multiple documents are requested at once, it counts as just one single request.1

Read the official explanation

This bill relates to the assessment of fees when a public defender or designee requests copies of certain documents. The bill provides that a written request for a discovery document by a public defender or public defender’s designee shall be provided at no more than $10 per document request unless otherwise ordered by the court. A request for multiple discovery documents made at the same time is considered to be a single request. Digital discovery documents shall be provided in a format that is generally accessible to the public. However, no fee will be charged if the discovery document requested is available on a cloud-based system or if the discovery document is available for downloading by an individual from an existing system such as a state, county, or city internet site.

Full bill text2

Senate subcommittee

Named January 19, 2022. On April 6, 2022 it recommended passage.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

Savings: up to $84,000 Compare with other bills

AI summary This bill limits the fee a public defender pays for document requests to no more than $10 per request. It is estimated to save $84,000 per year for the Indigent Defense Fund beginning in fiscal year 2022. The overall impact on local agencies like law enforcement and county attorneys cannot be determined and will vary on a case-by-case basis.3

Read the fiscal note

Description

Senate File 593 relates to the assessment of fees when a public defender or designee requests copies of certain documents. The Bill provides that a written request for a discovery document by a public defender or public defender’s designee shall be provided at no more than $10 per document request unless otherwise ordered by the court. A request for multiple discovery documents made at the same time is considered to be a single request. Digital Discovery documents are to be provided in a format that is generally accessible to the public. However, no fee will be charged if the discovery document requested is available on a cloud-based system or if the discovery document is available for downloading by an individual from an existing system such as a State, county, or city Internet site.

Background

Currently, State agencies and local governments may charge a fee to the State Public Defender for discovery documents. The fees vary by the local or State agency providing the document and the document being provided. The fees are paid from the Indigent Defense Fund.

Assumptions

  • The Bill will not change existing discovery practices and procedures other than to impose an upper limit on the amount that can be charged for the production of documents to an indigent defendant or person during a criminal case or other proceeding in which the indigent person is entitled to representation at State expense.
  • Entities will charge the maximum amount allowed by the Bill, $10 per request.
  • The Bill does not require clerks’ offices to provide paper copies of electronic documents that are already available electronically.
  • The average annual number of claims to the Indigent Defense Fund for discovery requests over the last four years was 2,964 claims. The average annual total paid for these claims was $114,000. It is assumed that the number of claims to the Indigent Defense Fund for discovery requests will remain consistent in future fiscal years.

Fiscal Impact

Senate File 593 is estimated to result in a cost savings of $84,000 per year to the Indigent Defense Fund beginning in FY 2022. Table 1 provides the annual estimated costs to the Indigent Defense Fund under this Bill and current law.

Table 1 — Indigent Defense Fund — Annual Discovery Request Fee Costs Additionally, SF 593 is estimated to have an impact on several local agencies applicable under the Bill, including but not limited to local law enforcement and county attorneys. Due to theAnnual Cases Current Law SF 593 SF 593

Cost Savings

2,964 114,000$ 30,000$ 84,000$ varying nature of fees charged by local agencies for discovery materials, the overall local impact of the $10 fee cap cannot be determined and will vary on a case-by-case basis.

Sources

  • Office of the State Public Defender
  • Judicial Branch
  • LSA analysis

The estimate held steady

  1. $84,000 February 22, 2021
  2. $84,000 March 22, 2021
  3. $84,000 April 21, 2021
4

Reading a fiscal note5

Iowa Code it changes

Creates§815.16

How the Code works6

Lobbying

2 for · 3 against · 16 undecided · Who →

Family tree

Earlier and later bills are matched by wording or an identical title.

Tried before

This idea has been filed in an earlier General Assembly. None became law, though one got through a chamber.

  • HF 753 Relating to the assessment of fees when a public defender or designee requests copies of c…
    88th General Assembly · Passed House · same title
    Passed a chamber
  • HF 4 Relating to the assessment of fees when a public defender or designee requests copies of c…
    88th General Assembly · Withdrawn · same title
    Didn’t advance
  • HF 529 Relating to the assessment of fees when a public defender or designee requests copies of c…
    88th General Assembly · Withdrawn · same title
    Didn’t advance
  • SF 52 Relating to the assessment of fees when a public defender or designee requests copies of c…
    88th General Assembly · In committee · same title
    Cleared committee

Matched by wording or an identical title.