Legislature(2007 - 2008)
2008-04-07 House JournalFull Journal pdf
2008-04-07 House Journal Page 2695 HB 323 The Judiciary Committee considered: HOUSE BILL NO. 323 "An Act relating to the crimes of assault in the fourth degree and of resisting or interfering with arrest; relating to the determination of time of a conviction; relating to offenses concerning controlled substances; relating to issuance of search warrants; relating to persons found incompetent to stand trial concerning criminal conduct; relating to probation and to restitution for fish and game violations; relating to aggravating factors at sentencing; relating to criminal extradition authority of the governor; removing the statutory bar to prosecution of certain crimes; amending Rule 37(b), Alaska Rules of Criminal Procedure, relating to execution of warrants; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 323(JUD) "An Act relating to furnishing or delivering alcoholic beverages to persons under 21 years of age; relating to shipping, sending, transporting, or bringing alcohol to a local option area and providing alcohol to others in the local option area, including penalties for violations; relating to reports of alcohol violations by minors; relating to certain persons who lend money on secondhand articles; relating to arson and criminally negligent burning; relating to defenses for the detention of persons suspected of committing concealment of merchandise or theft; relating to controlled substances; relating to the determination of time of a conviction; relating to issuance of search warrants; relating to persons found incompetent to stand trial concerning criminal conduct; relating to probation for certain offenses; relating to restitution for fish and game violations; relating to aggravating factors at sentencing; relating to post-conviction relief proceedings; relating to criminal extradition authority of the governor; removing the statutory bar to prosecution of certain crimes; amending Rule 37(b), Alaska Rules of Criminal Procedure, relating to execution of warrants, and Rule 35.1, Alaska Rules of Criminal Procedure; and providing for an effective date." 2008-04-07 House Journal Page 2696 The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (5): Gruenberg, Lynn, Dahlstrom, Samuels, Ramras No recommendation (1): Coghill A House Judiciary Committee letter of intent for CSHB 323(JUD), signed by Representative Ramras, Chair, follows: "Section 30 of this Act corrects a misunderstanding in the applicability provision in ch. 24, section 36(c), SLA 2007. This section addressed the applicability of the newly adopted AS 12.72.025, which adopted a one-year statute of limitation on applications for post-conviction relief based on the claim that the applicant's attorney in his or her first application for post-conviction relief was ineffective. These applications are commonly called Grinols applications. The purpose of AS 12.72.025 was to codify a statute of limitation with respect to second applications for post-conviction relief. Second applications for post-conviction relief raising a claim that an applicant's counsel rendered ineffective assistance in the first application were authorized by Grinols v. State, 10 P.3d 600 (Alaska App. 2000), aff'd, 74 P.3d 889 (Alaska 2003). Grinols also imposed a requirement of "due diligence" in bringing second applications. The court in Grinols assumed, but expressly declined to decide, that the existing statute-of-limitations in AS 12.72.020 applied in Grinols's second application. The purpose of AS 12.72.025 was to codify for second applications the same one-year statute of limitation as now exists for first applications, and was not to expand it or overrule Grinols's due diligence requirement. But the applicability clause can be misinterpreted to mean that if an application was dismissed at any time prior to July 1, 2007, then a second application will be permitted if filed by July 1, 2008, regardless of how much time passed between the first and second applications, or whether the applicant had exercised due diligence in bringing it. That interpretation is inconsistent with the legislature's purpose in enacting AS 12.72.025 and inconsistent with the court's holding in Grinols. 2008-04-07 House Journal Page 2697 Section 30 of this Act specifically corrects such a mistaken interpretation." The following fiscal note(s) apply to CSHB 323(JUD): 1. Zero, Dept. of Health & Social Services 2. Zero, Dept. of Public Safety 5. Indeterminate, Dept. of Corrections 6. Fiscal, Dept. of Law 7. Zero, Dept. of Administration 8. Zero, Dept. of Administration HB 323 was referred to the Finance Committee.