House Bill 975

AN ACT TO CREATE NEW SECTION 99-18-21, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE PUBLIC DEFENDER OVERSIGHT COUNCIL, PROVIDE FOR THE APPOINTMENT OF MEMBERS AND REIMBURSEMENT OF EXPENSES, AND TO ESTABLISH THE DUTIES AND AUTHORITY OF THE COUNCIL; TO CREATE NEW SECTION 99-18-23, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE INDIGENT APPEALS DIVISION WITHIN THE OFFICE OF THE STATE PUBLIC DEFENDER; TO CREATE NEW SECTION 99-18-25, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE DIVISION OF DISTRICT PUBLIC DEFENDER AND PROVIDE FOR PERSONNEL AND FUNDING SOURCES; TO AMEND SECTION 99-18-1, MISSISSIPPI CODE OF 1972, TO REVISE THE FUNDING FOR AND DUTIES OF THE OFFICE OF STATE PUBLIC DEFENDER; TO AMEND SECTION 99-18-9, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPENSATION OF THE CAPITAL DEFENSE DIRECTOR; TO AMEND SECTION 99-18-13, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF THE STATE DEFENDER; TO AMEND SECTION 99-18-15, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTY OF THE CAPITAL DEFENSE DIRECTOR TO SUBMIT CERTAIN RECORDS; TO AMEND SECTION 99-18-17, MISSISSIPPI CODE OF 1972, TO CLARIFY THE CIRCUMSTANCES UNDER WHICH PRIVATE COUNSEL WILL UNDERTAKE INDIGENT REPRESENTATION AND TO DELETE REFERENCES TO THE CAPITAL DEFENSE COUNSEL FUND; TO AMEND SECTION 25-32-1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ESTABLISHMENT OF ASSISTANT DISTRICT DEFENDER POSITIONS BY BOARDS OF SUPERVISORS; TO AMEND SECTION 25-32-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ALL ASSISTANT PUBLIC DEFENDERS ARE TO BE APPOINTED BY THE DISTRICT PUBLIC DEFENDER; TO AMEND SECTION 25-32-5, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PROHIBITION AGAINST THE PRIVATE PRACTICE OF LAW BY PUBLIC DEFENDERS; TO AMEND SECTION 25-32-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE PAYMENT OF COMPENSATION AND EXPENSES OF ASSISTANT DISTRICT PUBLIC DEFENDERS; TO AMEND SECTION 25-32-9, MISSISSIPPI CODE OF 1972, TO REVISE THE MANNER OF DETERMINATION OF INDIGENCE; TO AMEND SECTION 25-32-15, MISSISSIPPI CODE OF 1972, TO REVISE THE TERMINATION OF COUNTY SUPPORT FOR ASSISTANT PUBLIC DEFENDERS; TO AMEND SECTION 25-32-17, MISSISSIPPI CODE OF 1972, TO CLARIFY THE COMPENSATION AND PAYMENT OF EXPENSES OF THE OFFICE OF DISTRICT PUBLIC DEFENDER; TO AMEND SECTION 25-32-19, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF THE DISTRICT PUBLIC DEFENDER TO OBTAIN FINANCIAL AND OTHER ASSISTANCE IN OPERATION OF THE OFFICE; TO AMEND SECTION 99-39-107, MISSISSIPPI CODE OF 1972, TO ELIMINATE THE NEED FOR THE CHIEF JUSTICE TO APPROVE THE TERMINATION OF ATTORNEYS EMPLOYED IN THE OFFICE OF CAPITAL POST-CONVICTION COUNSEL; TO AMEND SECTION 99-39-109, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPENSATION OF ATTORNEYS IN THE OFFICE OF POST-CONVICTION COUNSEL; TO AMEND SECTION 99-39-115, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTY OF THE DIRECTOR OF THE OFFICE OF POST-CONVICTION COUNSEL TO MAKE CERTAIN REPORTS; TO AMEND SECTION 99-39-117, MISSISSIPPI CODE OF 1972, TO CLARIFY THE APPOINTMENT OF PRIVATE COUNSEL AND TO DELETE REFERENCES TO THE CAPITAL POST-CONVICTION COUNSEL FUND; TO AMEND SECTION 99-15-15, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR APPOINTMENT OF COUNSEL TO THOSE CHARGED WITH AN ACT OF DELINQUENCY; TO AMEND SECTION 99-15-17, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPENSATION OF COUNSEL FOR INDIGENT DEFENDANTS; TO AMEND SECTION 99-15-19, MISSISSIPPI CODE OF 1972, TO REVISE THE REIMBURSEMENT FOR SOME EXPENSES TO COUNTIES IN WHICH A STATE CORRECTIONAL FACILITY IS LOCATED IN CERTAIN CASES; TO AMEND SECTION 99-15-21, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR RESOLUTION OF DISPUTES OVER COMPENSATION OF COUNSEL FOR INDIGENT DEFENDANTS; TO AMEND SECTION 43-21-201, MISSISSIPPI CODE OF 1972, TO LIMIT A YOUTH'S ABILITY TO WAIVE ASSISTANCE OF COUNSEL; TO AMEND SECTION 43-21-357, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPOINTMENT OF COUNSEL IN DELINQUENCY AND CHILD-IN-NEED-OF-SUPERVISION CASES; TO REPEAL SECTION 99-40-1, MISSISSIPPI CODE OF 1972, WHICH CREATES THE INDIGENT APPEALS AND PUBLIC DEFENDER TRAINING DIVISIONS AND ESTABLISHES THE PUBLIC DEFENDERS EDUCATION FUND; AND FOR RELATED PURPOSES.

In the House of Representatives

• Bob Evans

  Sponsor

l9n doesn't hold this bill's text yet.

In the House of Representatives Jan 18 – Feb 2

1. Jan 18Referred to the House committees on Judiciary B and on Appropriations
2. Feb 2Died in committee in the House