71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2348
 
LC 277/HB 2348-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2348
 
                    By COMMITTEE ON JUDICIARY
 
                            March 15
 
  On page 1 of the printed bill, line 3, after '34.330 ' delete
the rest of the line and insert ', 144.335, 151.250 and
151.450.'.
  On page 2, line 29, delete 'copy of the audio record' and
insert 'transcript'.
  In line 35, delete 'audio record' and insert ' transcript'.
  In line 36, after the period delete the rest of the line and
lines 37 and 38.
  On page 4, after line 13, insert:
  '  { +  SECTION 3. + } ORS 151.250 is amended to read:
  ' 151.250. (1) In accordance with subsections (2) to (4) of
this section and the determinations of the Public Defender
Committee under ORS 151.280 (2) or (7), the Public Defender may
act as attorney at any stage of a proceeding before any court,
including the Supreme Court, for an individual who is committed
to the legal and physical custody of the Department of
Corrections pursuant to ORS 137.124, and the proceeding is other
than:
  ' (a) A habeas corpus proceeding;
  ' (b) A proceeding for which counsel is appointed under ORS
135.045, 135.050, 419B.195, 419B.205, 419C.200, 426.100; or
  ' (c) A proceeding of contempt of court.
  ' (2) The defender may act only at the request of the
individual described in subsection (1) of this section, or, if no
such request is made, at the request of the court or magistrate.
  ' (3) The individual on whose behalf the defender is requested
to act shall submit to the defender, in the form prescribed by
the committee, an affidavit of the financial circumstances of the
individual unless the trial court in the case already determined
the individual to be indigent for purposes of the specific case
or the individual appeared in the case through court appointed
counsel. If so, the request or individual need only so indicate
and provide the defender information necessary to substantiate.
However, if the request relies on the trial court's previous
determination that the individual is indigent, the trial court,
in its discretion, may require the individual to submit a new
statement of assets, liabilities and income. When the trial court
so requires, the individual shall submit the affidavit in the
form required by this subsection.
  ' (4) At the request of the defender or an individual who seeks
the defender's aid, the court or magistrate before whom a
proceeding is pending or to whom an application for relief has
been made,  { + including the Court of Appeals in a case brought
by the defender under ORS 144.337, + } shall finally determine
whether the individual is eligible under this section for the
defender's aid.
  '  { +  SECTION 4. + } ORS 151.450 is amended to read:
  ' 151.450. The State Court Administrator shall:
  ' (1) Pay the compensation for counsel, other than the Public
Defender established by ORS 151.280, appointed to represent
indigents in the state courts,  { + including in cases initially
brought by the defender under ORS 144.337, + } and other costs
and expenses of that representation that are required to be paid
by the state under ORS 33.015 to 33.155, 34.355, 135.055,
138.490, 138.500, 138.590, 161.327, 161.365, 161.385, 419A.200,
419B.195, 419B.201, 419B.205, 419B.518, 419C.200, 419C.206,
426.100, 426.135, 426.275, 426.307, 427.265, 427.295, 436.265 or
436.315 or any other provisions of law that expressly provide for
payment of such compensation costs or expenses by the State Court
Administrator.
  ' (2) Develop a system for conducting financial and performance
audits of indigent defense contracts.'.
  Delete line 14 and insert:
  '  { +  SECTION 5. + } The amendments to ORS 34.330, 144.335,
151.250 and 151.450 by sections 1 to 4 of this 2001'.
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