CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 702Introduced by Assembly Member WeberFebruary 19, 2019 An act to amend Section 68666 of the Government Code, relating to postconviction proceedings. LEGISLATIVE COUNSEL'S DIGESTAB 702, as introduced, Weber. Counsel representing indigent defendants: payment.Existing law authorizes the California Supreme Court to compensate counsel, at a specified hourly rate, for representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases. Existing law provides that this authorization is not intended to prohibit the hiring of counsel under a flat-fee arrangement.This bill would make technical, nonsubstantive changes to this authorization.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 68666 of the Government Code is amended to read:68666. (a) The Supreme Court may compensate counsel representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases, cases at a rate of at least one hundred twenty-five dollars ($125) per allowable hour, as defined by the courts Supreme Courts Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants. However, nothing Nothing in this section is intended to prohibit the hiring of counsel under a flat-fee arrangement.(b) The Supreme Court may set a guideline limitation on investigative and other expenses allowable for counsel to adequately investigate and present collateral claims of up to fifty thousand dollars ($50,000) without an order to show cause.(c) It is the intent of the Legislature that payments to appointed counsel be made within 60 days of submission of a billing.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 702Introduced by Assembly Member WeberFebruary 19, 2019 An act to amend Section 68666 of the Government Code, relating to postconviction proceedings. LEGISLATIVE COUNSEL'S DIGESTAB 702, as introduced, Weber. Counsel representing indigent defendants: payment.Existing law authorizes the California Supreme Court to compensate counsel, at a specified hourly rate, for representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases. Existing law provides that this authorization is not intended to prohibit the hiring of counsel under a flat-fee arrangement.This bill would make technical, nonsubstantive changes to this authorization.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 702
Introduced by Assembly Member WeberFebruary 19, 2019
Introduced by Assembly Member Weber
February 19, 2019
An act to amend Section 68666 of the Government Code, relating to postconviction proceedings.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 702, as introduced, Weber. Counsel representing indigent defendants: payment.
Existing law authorizes the California Supreme Court to compensate counsel, at a specified hourly rate, for representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases. Existing law provides that this authorization is not intended to prohibit the hiring of counsel under a flat-fee arrangement.This bill would make technical, nonsubstantive changes to this authorization.
Existing law authorizes the California Supreme Court to compensate counsel, at a specified hourly rate, for representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases. Existing law provides that this authorization is not intended to prohibit the hiring of counsel under a flat-fee arrangement.
This bill would make technical, nonsubstantive changes to this authorization.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 68666 of the Government Code is amended to read:68666. (a) The Supreme Court may compensate counsel representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases, cases at a rate of at least one hundred twenty-five dollars ($125) per allowable hour, as defined by the courts Supreme Courts Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants. However, nothing Nothing in this section is intended to prohibit the hiring of counsel under a flat-fee arrangement.(b) The Supreme Court may set a guideline limitation on investigative and other expenses allowable for counsel to adequately investigate and present collateral claims of up to fifty thousand dollars ($50,000) without an order to show cause.(c) It is the intent of the Legislature that payments to appointed counsel be made within 60 days of submission of a billing.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 68666 of the Government Code is amended to read:68666. (a) The Supreme Court may compensate counsel representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases, cases at a rate of at least one hundred twenty-five dollars ($125) per allowable hour, as defined by the courts Supreme Courts Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants. However, nothing Nothing in this section is intended to prohibit the hiring of counsel under a flat-fee arrangement.(b) The Supreme Court may set a guideline limitation on investigative and other expenses allowable for counsel to adequately investigate and present collateral claims of up to fifty thousand dollars ($50,000) without an order to show cause.(c) It is the intent of the Legislature that payments to appointed counsel be made within 60 days of submission of a billing.
SECTION 1. Section 68666 of the Government Code is amended to read:
### SECTION 1.
68666. (a) The Supreme Court may compensate counsel representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases, cases at a rate of at least one hundred twenty-five dollars ($125) per allowable hour, as defined by the courts Supreme Courts Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants. However, nothing Nothing in this section is intended to prohibit the hiring of counsel under a flat-fee arrangement.(b) The Supreme Court may set a guideline limitation on investigative and other expenses allowable for counsel to adequately investigate and present collateral claims of up to fifty thousand dollars ($50,000) without an order to show cause.(c) It is the intent of the Legislature that payments to appointed counsel be made within 60 days of submission of a billing.
68666. (a) The Supreme Court may compensate counsel representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases, cases at a rate of at least one hundred twenty-five dollars ($125) per allowable hour, as defined by the courts Supreme Courts Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants. However, nothing Nothing in this section is intended to prohibit the hiring of counsel under a flat-fee arrangement.(b) The Supreme Court may set a guideline limitation on investigative and other expenses allowable for counsel to adequately investigate and present collateral claims of up to fifty thousand dollars ($50,000) without an order to show cause.(c) It is the intent of the Legislature that payments to appointed counsel be made within 60 days of submission of a billing.
68666. (a) The Supreme Court may compensate counsel representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases, cases at a rate of at least one hundred twenty-five dollars ($125) per allowable hour, as defined by the courts Supreme Courts Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants. However, nothing Nothing in this section is intended to prohibit the hiring of counsel under a flat-fee arrangement.(b) The Supreme Court may set a guideline limitation on investigative and other expenses allowable for counsel to adequately investigate and present collateral claims of up to fifty thousand dollars ($50,000) without an order to show cause.(c) It is the intent of the Legislature that payments to appointed counsel be made within 60 days of submission of a billing.
68666. (a) The Supreme Court may compensate counsel representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases, cases at a rate of at least one hundred twenty-five dollars ($125) per allowable hour, as defined by the courts Supreme Courts Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants. However, nothing Nothing in this section is intended to prohibit the hiring of counsel under a flat-fee arrangement.
(b) The Supreme Court may set a guideline limitation on investigative and other expenses allowable for counsel to adequately investigate and present collateral claims of up to fifty thousand dollars ($50,000) without an order to show cause.
(c) It is the intent of the Legislature that payments to appointed counsel be made within 60 days of submission of a billing.