It is enacted by the General Assembly as follows:
SECTION 1. Sections 12-15-8 and 12-15-9 of the General Laws in Chapter 12-15 entitled "Public Defender" are hereby amended to read as follows:
12-15-8. Indigent defendants -- Definition. -- For the
purpose of assisting the public defender or his or her assistants
to carry out their duties under this chapter, an indigent
defendant, when used in connection with representation and action
as attorney by the public defender or one of his or her
assistants in cases before the courts under this chapter,
includes a person who does not have property or source of
income to furnish him or her a living nor any one able to support
him {ADD after payment of necessary expenses for food, shelter and
medical care, does not have sufficient income or assets to enable
him or her to retain counsel nor is there any one ADD} to whom he or
she is entitled to look for support {ADD who has such income or
assets ADD} .
12-15-9. Eligibility for assistance. -- Every person
who seeks the services of the office of the public defender under
this chapter must submit a financial statement under oath,
setting forth his or her current assets and liabilities, source
or sources of income, and the names of those persons, if any,
able to support him {ADD make affidavit under oath that, after
payment of necessary expenses for food, shelter and medical care,
he or she does not have sufficient income or assets to enable him
or her to retain counsel, nor is there any one ADD} to whom he or
she is entitled to look for support {ADD who has such income or
assets ADD} . {ADD The public defender, on his or her own instigation or
at the request of a referring court, may require a further
financial statement, may require relevant documents, and may
conduct any investigation he or she deems appropriate. ADD} If the
public defender, after examination and investigation of the
financial statement, is satisfied that the person submitting it
is an indigent defendant, the public defender or one of his or
her assistants shall defend the person; provided, however, that
if the public defender is satisfied that the person is not an
indigent defendant, he or she shall notify the court which
referred the person to the public defender's office of the
determination that the person is not an indigent defendant.
SECTION 2. This act shall take effect upon passage.
