HB0190 • 2013

Public defender-fee schedule and indigency standard.

AN ACT relating to public defenders; providing for posting of fee schedules online; providing for use of indigency standard in court rules; repealing rulemaking authority for setting indigency standards; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Representative Walters
Last action: 2013-03-04
Official status: enrolled
Effective date: 7/1/2013

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

2013-03-04 LSO
Assigned Chapter Number
2013-02-27 Governor
Governor Signed HEA0074
2013-02-22 Senate
S President Signed HEA No. 0074
2013-02-21 House
H Speaker Signed HEA No. 0074
2013-02-21 LSO
Assigned Number HEA0074
2013-02-21 Senate
S Passed 3rd Reading
2013-02-20 Senate
S Passed 2nd Reading
2013-02-19 Senate
S Passed CoW
2013-02-14 Senate
S Placed on General File
2013-02-14 Senate
S06 Recommended Do Pass
2013-02-07 Senate
S Rereferred to S06
2013-01-28 Senate
S Introduced and Referred to S01
2013-01-24 Senate
S Received for Introduction
2013-01-24 House
H Passed 3rd Reading
2013-01-23 House
H Passed 2nd Reading
2013-01-22 House
H Passed CoW
2013-01-21 House
H Placed on General File
2013-01-21 House
H01 Recommended Do Pass
2013-01-17 House
H Introduced and Referred to H01
2013-01-16 House
H Received for Introduction
2013-01-15 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0190
Drafter:

LGC

LSO No.:
13LSO-0397
Effective Date:

7/1/2013

Enrolled Act No.:
HEA0074

Chapter No.:
CH0087

Prime Sponsor:
Representative Walters

Catch Title:
Public defender-fee schedule and indigency standard.

Subject:
Publication
of fee schedules and establishment of indigency standards for cases involving a
public defender.

Summary/Major
Elements:

The state public defender establishes a standard fee
schedule for services provided by attorneys through rule.

This act requires the state public defender to publish that
fee schedule on the agencys website.

Under current law, the state public defender establishes
by rule standards for determining when a person is indigent.

This act repeals that authority and requires a court to
consider the standards for indigency set forth in Rule 44 of the Wyoming rules
of criminal procedure.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0190

ENROLLED ACT NO. 74, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
public defenders; providing for posting of fee schedules online; providing for use of indigency standard in court rules; repealing rulemaking authority for setting indigency standards;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 7
‑
6
‑
103(c)(vi) and 7
‑
6
‑
106(b) are amended to read:

7
‑
6
‑
103.

Creation of office of state public defender; appointment of state public defender and assistants; duties; removal.

(c)

The state public defender shall:

(vi)

Promulgate rules and regulations establishing a standard fee schedule for services provided by attorneys appointed pursuant to W.S. 7
‑
6
‑
109

and post the schedule on the agency's website
;

7
‑
6
‑
106.

Determination of need; reimbursement for services.

(b)

In determining whether a person is a needy person and in determining the extent of his inability to pay, and, in the case of an unemancipated minor, the inability to pay of his custodial parent or another person who has a legal obligation of support, the court shall consider the standards
promulgated pursuant to W.S. 7
‑
6
‑
103(c)(vii)

set forth in Rule 44(d), Wyoming Rules of Criminal Procedure
. Release on bail does not necessarily prevent a person from being determined to be needy. In each case the person, subject to the penalties for perjury, shall certify in
writing, or by other record, the material factors relating to his ability to pay as the court prescribes.

Section 2.

W.S. 7
‑
6
‑
103(c)(vii) is repealed.

Section 3.

This act is effective July 1, 2013.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1