Legislature(2007 - 2008)

2008-04-07 House Journal

Full 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.