Fiscal Note
Fiscal Services Division
SF 560 – Public Defenders, Discovery Request Fees (LSB1205SV)
Staff Contact: Laura Book (515.205.9275) laura.book@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 560 relates to the assessment of fees when a public defender or designee requests
copies of certain documents. The Bill requires an agency to furnish copies of any document in
the possession of the agency that the agency has the technological capacity to duplicate at a
cost not to exceed $10 per document, upon request of the State Public Defender, a public
defender office, or an attorney or nonprofit legal organization appointed by the court as a
designee of the State Public Defender. The Bill defines “agency” and details the documents
applicable under the Bill. Under the Bill, when a document is provided on a storage system, the
agency must, upon request, include the software necessary to access the storage system.
Background
Currently, State agencies and local governments may charge a fee to the State Public Defender
for discovery documents. The fees vary by the local or State agency providing the document
and the document being provided. The fees are paid from the Indigent Defense Fund.
Assumptions
• The Bill will not change existing discovery practices and procedures other than to impose an
upper limit on the amount that can be charged for the production of documents to an
indigent defendant or person during a criminal case or other proceeding in which the
indigent person is entitled to representation at State expense.
• Entities will charge the maximum amount allowed by the Bill, $10 per document.
• A minimum of three documents will be produced in each criminal and juvenile case.
• The number of claims filed and closed in a fiscal year will reflect the number of cases where
documents will be requested.
• The Bill does not require clerks’ offices to provide paper copies of electronic documents that
are already available electronically.
• The average annual total paid by the Indigent Defense Fund for the production of
documents is $114,000, and the State Public Defender processes and closes an average of
132,000 cases annually. It is assumed that the number of claims to the Indigent Defense
Fund for discovery requests will remain consistent in future fiscal years.
Fiscal Impact
Senate File 560 is estimated to result in a cost increase to the Indigent Defense Fund of
approximately $3.9 million per year beginning in FY 2022. This increase is due to the fact that
entities may charge $10 per document, rather than per request, which is estimated to result in
an increase in costs to the Indigent Defense Fund. Table 1 provides the annual estimated costs
to the Indigent Defense Fund under this Bill and current law.
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 Table 1 — Indigent Defense Fund — Annual Discovery Request Fee Costs
Annual SF 560
Cases Current Law SF 560 Cost Increase
132,000 $ 114,000 $ 3,960,000 $ 3,846,000
Additionally, SF 560 is estimated to have an impact on several local agencies applicable under
the Bill, including but not limited to local law enforcement and county attorneys. Due to the
varying nature of fees charged by local agencies for discovery materials, the overall local impact
of the $10 fee cap per document cannot be determined and will vary on a case-by-case basis.
Sources
Office of the State Public Defender
Judicial Branch
LSA analysis
/s/ Holly M. Lyons
March 11, 2021
Doc ID 12160191216019
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in
developing this fiscal note is available from the Fiscal Services Division of the Legislative Services
Agency upon request.
www.legis.iowa.gov
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