Legislature(1993 - 1994)
04/26/1993 09:17 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR HOUSE BILL NO. 151(FIN): An Act relating to payment by indigent persons for services of representation and court costs; providing for stays of enforcement of a judgment during the pendency of an appeal of a conviction; allowing petitions for remission, reduction, or deferral of judgment; permitting a court to remit or reduce a judgment or to change the method of payment; and providing for an effective date. CO-CHAIR STEVE FRANK MOVED for adoption of SCSCSHB 151(FIN) work draft "O". No objections being heard, it was ADOPTED. Co-chair Frank said the Supreme Court was in support of this version of the bill. It provided for reimbursement to the state for the cost of public defenders by those persons receiving the service. CHRIS CHRISTENSEN, Staff Counsel, Court System, Administration, Judicial Branch, confirmed that HB 151 was introduced at the request of the Supreme Court. He explained that when a person is charged with a crime, they are entitled to an attorney. Up until 1990, a person's indigencey was determined at the time the lawyer was appointed. The fact that the person might have a future income was not taken into consideration. In 1990, the Alaska Supreme Court found that other states which give a person a free public defender, may charge the person out of future earnings. This process was upheld in the U.S. Supreme Court in 1974. He went on to explain that this bill did away with a three year moratorium. The original bill said that any person, convicted or not, would be ordered to repay the cost of their public defender representation but in the House version a person would only have to pay if they were convicted. In this Senate version, SCSCSHB 151(FIN) any person, convicted or not, would be ordered to repay costs. Senator Frank MOVED for passage of SCSCSHB 151(FIN) work draft "O" from committee with individual recommendations and accompanying fiscal notes. No objections being heard, it was REPORTED OUT of committee with a "do pass." Later in the meeting, Co-chair Frank MOVED to RESCIND prior committee action reporting out of committee SCSCSHB 151(FIN). No objections being heard, prior action was RESCINDED. Co-chair Pearce announced that CSHB 151(FIN) was before the committee. Co-chair Frank invited Mr. Christensen to rejoin the members at the table. In answer to Co-chair Frank, Mr. Christensen said that CSHB 151(FIN) would only apply to persons convicted but would still do away with the three year moratorium. Co-chair Frank MOVED for adoption of CSHB 151(FIN). Senator Rieger OBJECTED for discussion purposes. Senator Rieger asked if the bill would only apply to criminal cases. Mr. Christensen said that the bill only applied to court appointed public defenders for criminal cases. Senator Rieger REMOVED his objection. No further objections being heard, it was ADOPTED. Co-chair Frank MOVED for passage of CSHB 151(FIN) from committee with individual recommendations and accompanying fiscal notes. No objections being heard, it was REPORTED OUT with a "do pass" and with two zero fiscal notes for the Department of Administration, #1631 and #43, a zero fiscal note for the Alaska Court System, and a fiscal note for the Department of Law with a revenue of +$500.0. Co-chairs Frank and Pearce, Senators Kelly, Jacko and Sharp signed "do pass." Senators Rieger and Kerttula signed "no recommendation."
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