Legislature(1999 - 2000)

05/17/1999 01:22 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
CSSB 100(FIN) - REIMBURSEMENT FOR PUBLIC DEFENDER                                                                               
CHAIRMAN KOTT announced the next order of business is CS FOR SENATE                                                             
BILL NO. 100(FIN), "An Act relating to the payment by indigent                                                                  
persons for legal services and related costs."                                                                                  
CHAIRMAN KOTT noted that there is a House proposed committee                                                                    
substitute and that the departments are onboard with the changes.                                                               
Number 0395                                                                                                                     
REPRESENTATIVE ROKEBERG moved to adopt the House proposed committee                                                             
substitute for CSSB 100(JUD), Version 1-LS0560\K, Luckhaupt,                                                                    
5/16/99.  There being no objection, it was so adopted.                                                                          
Number 0419                                                                                                                     
CHAIRMAN KOTT noted that the House proposed committee substitute                                                                
restricts the application of the fees for the services provided in                                                              
the criminal side.  It indicates that the court "may" enter into a                                                              
judgment by removing the word "shall."  It also changes the word                                                                
"may" to "shall" in the area where the court may determine as to                                                                
whether or not there shall be a fee subject to a payment schedule,                                                              
and in the area where the court shall allow a person subject to a                                                               
judgment to petition at anytime for the remission, reduction, or                                                                
deferral of an unpaid portion.                                                                                                  
Number 0513                                                                                                                     
REPRESENTATIVE GREEN made a motion to move the proposed House                                                                   
committee substitute for CSSB 100(JUD) [1-LS0560\K, Luckhaupt,                                                                  
5/16/99] from the committee with individual recommendations and the                                                             
attached fiscal note(s).                                                                                                        
REPRESENTATIVE CROFT objected.  It seems that taking out the                                                                    
distinction of when convicting somebody and when they are found                                                                 
innocent is inappropriate.  In general, when the state accuses an                                                               
[indigent] person of committing a crime, it drags that person                                                                   
through a lengthy court process when eventually a jury finds that                                                               
person "not guilty."  He said, "And we're gonna say after all of                                                                
that, I accused you of a crime, you didn't have the money to defend                                                             
yourself, you were innocent.  Now, I want all that money.  And I                                                                
just think that's inappropriate public policy."                                                                                 
Number 0505                                                                                                                     
CHAIRMAN KOTT stated, hopefully, the courts will not place any                                                                  
requirement on those who are wrongfully convicted to pay any fees                                                               
for services rendered.                                                                                                          
CHAIRMAN KOTT called for a roll call vote.  Representatives Green,                                                              
Rokeberg, James and Kott voted in favor of the motion.                                                                          
Representatives Murkowski, Croft and Kerttula voted against the                                                                 
motion.  The motion passed with a vote of 4-3.  The HCS CSSB
100(JUD) was so moved from the House Judiciary Standing Committee.                                                              

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