FORTY-SIXTH LEGISLATURE

SECOND SESSION, 2004

January 30, 2004

Mr. Speaker:

    Your JUDICIARY COMMITTEE, to whom has been referred

HOUSE BILL 255

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

     1. On page 1, line 13, after the semicolon insert "PROVIDING

A MINIMUM HOURLY COMPENSATION RATE FOR CONTRACT ATTORNEYS;".

     2. On page 1, line 21, after "ADMINISTRATION" insert

"--COMPENSATION RATE FOR CONTRACT ATTORNEYS".

     3. On page 2, lines 5 and 6, strike "to contract for representation of defendants in capital felony cases" and insert in lieu thereof "solely for the purpose of paying attorney fees associated with capital felony cases that are the subject of contracts between the public defender department and attorneys who are not employed by the department". 

     4. On page 2, between lines 6 and 7, insert the following new subsection:

          "C. A contract negotiated by the public defender department for representation by a contract attorney in a capital felony case shall provide for a minimum hourly compensation rate of seventy-five dollars ($75.00) per hour.".

     5. Reletter the succeeding subsections accordingly.,

and thence referred to the APPROPRIATIONS AND FINANCE COMMITTEE.                            

                             Respectfully submitted,

W. Ken Martinez, Chairman

Adopted     Not Adopted

           (Chief Clerk)                            (Chief Clerk)

Date

The roll call vote was 9 For 2 Against

Yes:      9

No:       Foley, Youngberg

Excused:  None

Absent:   None

.150476.1

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