Bills › 89th General Assembly
Relating to the assessment of fees when a public defender or designee requests copies of certain documents
Topics:Courts & civil lawCrime & correctionsState government
Where it is now
- Done: IntroducedJanuary 12, 2021
- Done: SubcommitteeJanuary 13, 2021
- Done: Senate committeeFebruary 16, 2021
- Skipped: Passes the SenateContinued as SF 560
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Became SF 560 → Its progress continues under the new number. Go to SF 560 What’s a funnel?
What’s in it
AI summary State agencies and local offices must provide certain documents, like police reports and videos, to public defenders or court-appointed lawyers for no more than $10 per document. These records must be related to the charges in a person's case. If a digital file is provided, the agency must also include the software needed to open and view it.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 defines “agency” to mean the judicial branch, a state department or agency, the office of a county attorney, a criminal or juvenile justice agency, or a political subdivision of the state. The bill requires an agency to furnish copies of any document in the possession of the agency that the agency has the technological capability to duplicate at a cost not to exceed $10 per document, upon request of the state public defender, a public defender office, or an attorney or nonprofit legal organization appointed by the court as a designee of the state public defender. The documents to be provided under the bill include copies of police reports, photographs, audiotapes, videotapes, audio or video files on storage systems, and reports prepared by the department of human services. The document requested must relate to the charge or charges filed in the trial information. The bill provides that if the production of a videotape would require extensive editing due to confidentiality concerns, the court may issue a protective order restricting access to only the defendant, the state public defender, a public defender office, the county attorney, law enforcement, or an attorney or nonprofit legal organization appointed by the court as a designee of the state public defender. a defense attorney must comply with the rules of criminal procedure concerning reciprocal discovery. Under the bill, when a document is provided on a storage system, the agency shall, upon request, include the software necessary to access the storage system.
Senate subcommittee
Named January 13, 2021. On January 19, 2021 it recommended amendment and 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
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
- Public Defenders, Discovery Request Fees · April 21, 2021 · $84,000
- Public Defenders, Discovery Request Fees · March 22, 2021 · $84,000
- Public Defenders, Discovery Request Fees · March 11, 2021
- Public Defenders, Discovery Request Fees · February 22, 2021 · $84,000
Family tree
Tried before
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 titlePassed 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 titleDidn’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 titleDidn’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 titleCleared committee
Matched by wording or an identical title.