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HB 487/LM (BR 1565) - K. Stein, J. Crenshaw, J. Hoover
AN ACT relating to the Department of Public Advocacy.
Amend KRS 31.010 to describe individuals that the Department of Public Advocacy represents; amend KRS 31.015 to establish the membership of the Public Advocacy Commission; amend KRS 31.030 to establish the authority and duties of the Department of Public Advocacy; amend KRS 31.035 to establish the advisory boards for the Protection and Advisory Division of the Department of Public Advocacy; amend KRS 31.050, 31.060, and 31.065 to establish the procedures for counties and cities to participate in the defense of indigent criminal defendants; amend KRS 31.070 with a technical change; amend KRS 31.100 to define "needy person" or "indigent person"; amend KRS 31.110 to require that needy juveniles receive legal representation; amend KRS 31.120 to determine which individuals are needy and thus entitled to representation by the Department of Public Advocacy; amend KRS 31.140 with a technical change; amend KRS 31.165 to make a technical change; amend KRS 31.170 and 31.180 with technical changes; amend KRS 31.185 to permit a public defender to use facilities for the evaluation of evidence which are available to Commonwealth's attorneys and to be reimbursed for the use; amend KRS 31.215 with a technical change; amend KRS 31.220 to remove the requirement that a fiscal court has to approve a public defender's defense of an individual in federal court; amend KRS 31.230 and 31.250 with a technical change; create a new section of KRS Chapter 31 to require that before the General Assembly creates an additional judicial position, the General Assembly shall determine the fiscal impact on the Department of Public Advocacy; create a new section of KRS Chapter 31 to establish procedures for the Department of Public Advocacy to receive payment for services provided to an individual with the ability to pay; amend KRS 18A.195 to have some compensatory time earned by Department of Public Advocacy attorneys converted to sick leave; require in noncodified language that the Kentucky Law Enforcement Council study the feasibility of certifying investigators employed by the Department of Public Advocacy; repeal KRS 31.025, 31.051, 31.080, 31.090, 31.130, 31.150, 31.160, 31.190, 31.200, and 31.240.
HB 487 - AMENDMENTS
HCS (1/LM) - Require the court to consider the posting of bail for a person in determining whether that person is needy and therefore entitled to representation by the Department of Public Advocacy; delete the provision which requires the Legislative Research Commission to prepare a fiscal note whenever a bill creates an additional Circuit or District Judge position.
HCS (2/LM) - Retain the provisions of the first HCS except include deputy public advocates and assistant public advocates as being included with the full-time public advocate in purchasing liability insurance; delete Section 14 in its entirety and provide that at arraignment a nonadversarial hearing shall be conducted to determine if the person who has requested to be represented by a public defender can pay a portion of his legal fees and court costs either in the form of a lump sum payment or installments; provide that if a fee is not paid by the due date then the court's order becomes a civil judgment; provide that all funds received through this judgment shall be credited to the public advocate fund of the county of jurisdiction and may be used only for support of the public advocate program of that county; provide that all funds received from indigent defendants in counties with a local public advocacy system shall be credited to the Department of Public Advocacy special trust and agency account to be used to support the state public advocacy system; provide that if any person receives legal assistance or other benefit and it becomes apparent that the defendant was financially able to pay for representation on the date that the action was brought, the public advocate shall recover payment; set the limitation of such case at five years after the aid was received; provide that any participating attorney of the public advocacy plan provide information which supports that the defendant was capable of paying for legal representation; extend the duty of recovery of the funds to the custodial parents or guardians of the unemancipated minors at the time the minors were deemed to be needy; provide that all moneys collected in this section shall be placed in a special trust and agency account for the DPA, and provide that those funds shall not lapse; remove the noncodified language requiring the Kentucky Law Enforcement Council to study the feasibility of certifying investigators employed by the DPA.
HFA (1, J. Barrows) - Delete the provision which requires attorneys employed by the Department of Public Advocacy to forfeit block fifty payments in lieu of receiving fifty hours of compensatory leave transferred to their sick leave balances; renumber section.
SFA (1, J. Denton) - Delete provision whereby the court shall permit a public defender to request funds, ex parte and on the record, on behalf of a needy criminal defendant.
SFA (2, J. Denton) - Delete provision whereby the court shall permit a public defender to request funds, ex parte and on the record, on behalf of a needy criminal defendant; permit the public defender to request funds for the use of private facilities for the evaluation of evidence; permit the court to conduct the hearing ex parte; require any ex parte hearing to be held on the record; make technical correction.
SFA (3, J. Denton) - Delete provision whereby the court shall permit a public defender to request funds, ex parte and on the record, on behalf of a needy criminal defendant; permit the public defender to request funds, ex parte and on the record, for the use of private facilities for the evaluation of evidence; require the court to conduct the hearing ex parte and on the record.
Jan 25-introduced in House
Jan 28-to Judiciary (H); posted in committee
Feb 6-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 7-2nd reading, to Rules
Feb 11-recommitted to State Government (H)
Feb 14-posted in committee
Feb 19-reported favorably, to Rules with Committee Substitute (2)
Feb 22-posted for passage in the Regular Orders of the Day for Monday, February 25, 2002
Feb 25-floor amendment (1) filed to Committee Substitute (2)
Feb 27-3rd reading, passed 95-0 with Committee Substitute (2), floor amendment (1)
Feb 28-received in Senate
Mar 4-to State and Local Government (S)
Mar 12-reported favorably, 1st reading, to Consent Calendar
Mar 13-2nd reading, to Rules
Mar 18-recommitted to Appropriations and Revenue (S)
Mar 25-floor amendment (1) filed
Mar 26-posted for passage in the Consent Orders of the Day for Tuesday, March 26, 2002; taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; passed over and retained in the Orders of the Day; floor amendment (2) filed
Mar 27-passed over and retained in the Orders of the Day
Mar 28-passed over and retained in the Orders of the Day; floor amendment (3) filed
Mar 29-3rd reading; floor amendments (1) and (2) withdrawn ; passed 35-0 with floor amendment (3) ; received in House; posted for passage for concurrence in Senate floor amendment (3)
Apr 1-House concurred in Senate floor amendment (3) ; passed 91-0
Apr 2-received in House; enrolled, signed by each presiding officer; delivered to Governor
Apr 9-signed by Governor (Acts ch. 283)
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