South Dakota 2024 Regular Session

South Dakota House Bill HB1057

Introduced
1/9/24  
Refer
1/9/24  
Refer
1/19/24  
Report Pass
2/6/24  
Engrossed
2/8/24  
Refer
2/12/24  
Report Pass
2/22/24  
Enrolled
2/28/24  

Caption

Create the Commission on Indigent Legal Services and Office of Indigent Legal Services, to make an appropriation for reimbursing county indigent legal services, and to declare an emergency.

Impact

The establishment of this commission is expected to significantly improve the administration of indigent legal services in South Dakota. By ensuring a standardized approach to indigent representation, the bill aims to alleviate disparities in access to legal counsel based on a person's financial situation. This heightened focus on legal representation for low-income individuals is anticipated to enhance the overall quality of defense in criminal proceedings and thus may contribute to fairer trial outcomes.

Summary

House Bill 1057 aims to create the Commission on Indigent Legal Services and an accompanying Office of Indigent Legal Services in South Dakota. The primary objective of this bill is to ensure that effective legal counsel is available for individuals who cannot afford it, complying with state and federal legal requirements. The bill establishes a framework for the provision of indigent legal representation across various case types, such as criminal cases and appeals, while providing oversight and standards for these services statewide.

Sentiment

The sentiment among lawmakers regarding HB1057 appears largely positive, particularly from members advocating for justice reform and expanded access to legal representation. Supporters view the bill as a crucial step forward in addressing the needs of indigent defendants. However, there may exist some contention regarding budget allocations for these legal services and the effectiveness of the commission's oversight capabilities, which needs to be monitored closely.

Contention

One notable point of contention in the discussions surrounding HB1057 could involve the adequacy of funding and resources allocated to the newly established Office of Indigent Legal Services. Critics may argue that without sufficient financial backing, the commission might struggle to fulfill its mandate effectively. Additionally, the structure and appointment process for the commission's members raise questions about independence and potential biases that could affect the delivery of legal services.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1064

Require the Unified Judicial System to assemble a task force to address the provision of legal services to indigent parties within the South Dakota court system and to declare an emergency.

SD HB1078

Make an appropriation to the Department of Human Services for the development and expansion of adult day services programs and to declare an emergency.

SD SB14

Revise the legal description for the construction of a National Guard Readiness Center in Sioux Falls, make an additional appropriation therefor, and to declare an emergency.

SD SB155

Create the jail improvement and construction fund for the improvement and construction of jails, to make an appropriation therefor, and to declare an emergency.

SD HB1204

Make an appropriation for the reimbursement of certain costs incurred in providing medical services to an adopted child and to declare an emergency.

SD SC816

Recognizing and honoring Kevin Locke, a world-famous Hoop Dancer, player of the North American Indigenous flute, traditional storyteller, cultural ambassador, and educator.

SD SB172

Make an appropriation for design costs related to the health services center at Black Hills State University–Rapid City, and to declare an emergency.

SD HB1021

Make an appropriation to the State Conservation Commission and to declare an emergency.

SD SB17

Make appropriations for water and environmental purposes and to declare an emergency.

SD SB78

Create the South Dakota Board of Physical Therapy and make an appropriation therefor.

Similar Bills

TX HB3003

Relating to the appointment of counsel in certain suits affecting the parent-child relationship.

CA SB1109

Adoption.

AZ HB2604

Child and family representation; appropriation

LA HB809

Provides with respect to representation of indigent or absent parents

OK HB1685

Attorney General; private attorney contracts; effective date.

NM HB46

Family Representation And Advocacy Act

DE SB132

An Act To Amend Chapter 56, Title 25 Of The Delaware Code Relating To The Residential Landlord-tenant Code.

OK HB3941

State government; legal representation of agencies or officials of the executive branch; allow contracts with law firms; fees; records; information submitted to the Attorney General; effective date.