Legislature(1995 - 1996)
04/22/1995 01:30 PM FIN
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
HOUSE BILL 201 "An Act relating to prisoner litigation, post-conviction relief, sentence appeals, amending Alaska Administrative Rule 10, Alaska Rules of Appellate Procedure 204, 208, 209, 215, 521, 603, and 604, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1; and providing for an effective date." Representative Brown explained that Amendment #1 [Attachment of the appeal within a sixty day time period. LAURIE OTTO, DEPUTY ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, indicated that change made to the notice of appeal through the amendment was the intent of the Department and that the amendment provided clarification. Representative Brown MOVED to adopt Amendment #1. There being NO OBJECTION, it was adopted. Representative Brown explained Amendment #2 [Attachment #2] which would delete "60 days" and insert "120 days" on Page 18, Line 14. The language would then read: "(1) may modify or reduce a sentence within 120 days of the distribution of the written judgement upon a motion made in the original criminal case;". Representative Brown thought the change would provide more flexibility in consideration of sentence reduction. Ms. Otto noted that 120 days would be adequate. Representative Brown MOVED to adopt Amendment #2. There being NO OBJECTION, it was adopted. 2 Representative Brown MOVED to adopt Amendment #3 [Attachment for the burden of proof. She advised that with the current language, it would always be the applicant that had to bear the burden of proof by clear and convincing evidence. The new language would state that the evidence could be different and it would then clarify that. Ms. Otto agreed that this was a court rule and that it would provide greater clarification. There being NO OBJECTIONS, Amendment #3 was adopted. Representative Navarre MOVED to delete language on Page 17, Lines 26-28: "The court may not grant a new trial to a defendant on the ground that the jury's verdict is contrary to the weight of the evidence". He stated that language was already included in Rule 33. Ms. Otto commented that the judge clearly has that authority now, and would continue to have that authority after the bill was passed. She noted that deleting that language would not have a significant impact on the legislation. Representative Martin pointed out that the language was within the text of Rule 33 and should remain in the proposed legislation. Representative Navarre stated that the new language was "narrowly" defined. He stressed that removal of that language would not have a significant impact. Representative Martin disagreed. Co-Chair Hanley explained that the addition of the language would create a slight policy change, in that it would limit the time before the jury meets. Currently, that situation could be addressed before either the jury meets or after the verdict is provided. Ms. Otto agreed with Representative Hanley. She clarified that this would be a minor change and that it would not affect the contents; she added that the Department of Law would support the change. Representative Martin OBJECTED to Amendment #3. A roll call was taken on the MOTION to adopt Amendment #3. IN FAVOR: Navarre, Brown, Grussendorf, Kelly, Kohring, Foster, Hanley OPPOSED: Therriault, Martin Representatives Mulder and Parnell were not present for the vote. The MOTION PASSED (7-2). Representative Navarre MOVED to report CS HB 201 (FIN) out 3 of Committee with individual recommendations and with the accompanying fiscal notes. CS HB 201 (FIN) was reported out of Committee with a "do pass" recommendation and with zero fiscal notes by the Alaska Court System, the Department of Law dated 2/27/95, the Department of Corrections dated 2/27/95, the Department of Public Safety dated 2/27/95 and two by the Department of Administration dated 2/27/95.