SB 1289

Abstract

Amends the Capital Crimes Litigation Act. Provides that each provider of proposed capital litigation services must specify the best preliminary estimate that can be made in light of information received in the case at that point, and the provider must sign this estimate under the provisions of the Code of Civil Procedure relating to verified statements made under the penalty of perjury. Provides that a provider of proposed services must also specify (1) his or her hourly rate; (2) the hourly rate of anyone else in his or her employ for whom reimbursement is sought; and (3) the hourly rate of any person or entity that may be subcontracted to perform these services. Provides that the court must certify reasonable and necessary expenses of the petitioner for travel and per diem (lodging, meals, and incidental expenses). Provides that these expenses must be paid at the rate as promulgated by the United States General Services Administration for these expenses for the date and location in which they were incurred, unless extraordinary reasons are shown for the difference. Provides that if the State Treasurer finds within 14 days of his or her receipt of a certification that the compensation and expenses to be paid are unreasonable, unnecessary, or inappropriate, he or she may return the certification to the court setting forth in detail the objection or objections with a request for the court to review the objection or objections before resubmitting the certification. Provides that the State Treasurer may only seek a review of a specific objection once. Provides that the claimant has 7 days from his or her receipt of the objections to file a response with the court. Provides that with or without further hearing, the court must promptly rule on the objections.