1.1.................... moves to amend H.F. No. 1145 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 611.21, is amended to read:
1.5(a) Counsel For purposes of this section, "counsel" means a public defender
1.6appointed by the court for an indigent defendant, or an attorney who is working for a
1.7public defense corporation under section 611.216 and is representing a defendant who, at
1.8the outset of the prosecution, has an annual income not greater than 125 percent of the
1.9poverty line established under United States Code, title 42, section 9902(2),.
1.10(b) Counsel may file an ex parte application requesting investigative, expert, or other
1.11services necessary to an adequate defense in the case. Upon finding, after appropriate
1.12inquiry in an ex parte proceeding, that the services are necessary and that the defendant is
1.13financially unable to obtain them, the court shall authorize counsel to obtain the services
1.14on behalf of the defendant. The court may establish a limit on the amount which may
1.15be expended or promised for such services. The court may, in the interests of justice,
1.16and upon a finding that timely procurement of necessary services could not await prior
1.17authorization, ratify such services after they have been obtained, but such ratification shall
1.18be given only in unusual situations. The court shall determine reasonable compensation
1.19for the services and direct payment by the county in which the prosecution originated, to
1.20the organization or person who rendered them, upon the filing of a claim for compensation
1.21supported by an affidavit specifying the time expended, services rendered, and expenses
1.22incurred on behalf of the defendant, and the compensation received in the same case or for
1.23the same services from any other source.
1.24(b) (c) The compensation to be paid to a person for such service rendered to a
1.25defendant under this section, or to be paid to an organization for such services rendered by
1.26an employee, may not exceed $1,000, exclusive of reimbursement for expenses reasonably
1.27incurred, unless payment in excess of that limit is certified by the court as necessary to
2.1provide fair compensation for services of an unusual character or duration and the amount
2.2of the excess payment is approved by the chief judge of the district. The chief judge of the
2.3judicial district may delegate approval authority to an active district judge.
2.4(c) (d) If the court denies authorizing counsel to obtain services on behalf of the
2.5defendant, the court shall make written findings of fact and conclusions of law that state
2.6the basis for determining that counsel may not obtain services on behalf of the defendant.
2.7When the court issues an order denying counsel the authority to obtain services, the
2.8defendant may appeal immediately from that order to the Court of Appeals and may
2.9request an expedited hearing.
2.10EFFECTIVE DATE.This section is effective July 1, 2009."
2.11Amend the title accordingly