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HB 370: "An Act relating to the provision of legal services to criminal defendants."

00 HOUSE BILL NO. 370                                                                                                      
01 "An Act relating to the provision of legal services to criminal defendants."                                            
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 18.85.100(a) is amended to read:                                                                    
04  (a)  An indigent person who is [BEING DETAINED BY A LAW                                                               
05 ENFORCEMENT OFFICER IN CONNECTION WITH A SERIOUS CRIME, OR IS]                                                          
06 under formal charge of having committed a serious crime and the crime has been                                         
07 the subject of an initial appearance or subsequent proceeding, or is being detained                                    
08 under a conviction of a serious crime, or is on probation or parole, or is entitled to                                  
09 representation under the Supreme Court Delinquency or Child in Need of Aid Rules,                                       
10 or is detained under an order issued under AS 18.15.120 - 18.15.149, or against whom                                  
11 commitment proceedings for mental illness have been initiated, is entitled                                              
12   (1)  to be represented, in connection with the crime or proceeding,                                                
13 by an attorney to the same extent as a person retaining an attorney is entitled; and                                    
14   (2)  to be provided with the necessary services and facilities of this                                               
01 representation, including investigation and other preparation.                                                          
02    * Sec. 2.  AS 18.85.110(a) is amended to read:                                                                       
03  (a)  If a person having a right to representation under AS 18.85.100 is not                                           
04 represented by an attorney, [THE LAW ENFORCEMENT OFFICERS CONCERNED,                                                    
05 UPON COMMENCEMENT OF DETENTION, OR THE AGENCY, OR] the court [,                                                         
06 AS THE CASE MAY BE,] shall, at the time of the person's appearance before the                                          
07 court,                                                                                                                 
08   [(1)]  clearly inform the person of the right of an indigent person to be                                            
09 represented by an attorney at public expense [; AND                                                                     
10   (2)  IF THE PERSON DETAINED OR CHARGED DOES NOT HAVE                                                                 
11 AN ATTORNEY, NOTIFY THE AGENCY OR THE COURT, AS APPROPRIATE,                                                            
12 THAT THE PERSON IS NOT SO REPRESENTED].                                                                                 
13    * Sec. 3.  AS 18.85.110(d) is amended to read:                                                                       
14  (d)  If a court determines under AS 18.85.120 that an indigent [THE] person                                       
15 is entitled to be represented by an attorney at public expense, the court [IT] shall                                  
16 promptly notify the agency or the office of public advocacy.                                                            
17    * Sec. 4.  AS 18.85.120(a) is amended to read:                                                                       
18  (a)  The determination of a person's indigency shall be made by the court in                                          
19 which an action against the person is pending.  The determination shall be made by                                     
20 the court on the record and shall set out the basis for the finding that the person                                     
21 is indigent.                                                                                                           
22    * Sec. 5.  AS 18.85.110(b), 18.85.110(c), and 18.85.110(f) are repealed.