HB 152: "An Act relating to magistrate jurisdiction."

00HOUSE BILL NO. 152 01 "An Act relating to magistrate jurisdiction." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 22.15.120 is amended to read: 04  Sec. 22.15.120. LIMITATIONS ON PROCEEDINGS WHICH MAGISTRATE 05 MAY HEAR. A magistrate shall preside only in cases and proceedings under 06 AS 22.15.040, 22.15.100, and 22.15.110, and as follows: 07  (1) for the recovery of money or damages only when the amount 08 claimed, exclusive of costs, interest, and attorney fees, does not exceed $5,000; 09  (2) for the recovery of specific personal property when the value of the 10 property claimed and the damages for the detention do not exceed $5,000; 11  (3) for the recovery of a penalty or forfeiture, whether given by statute 12 or arising out of contract, not exceeding $5,000; 13  (4) to give judgment without action upon the confession of the 14 defendant for any of the cases specified in this section, except for a penalty or

01 forfeiture imposed by statute; 02  (5) to give judgment of conviction upon a plea of guilty by the 03 defendant in a criminal proceeding within the jurisdiction of the district court; 04  (6) to hear, try, and enter judgments in all cases involving 05 misdemeanors that are not minor offenses, if the defendant consents in writing that 06 the magistrate may try the case; 07  (7) to hear, try, and enter judgments in all cases involving minor 08 offenses [INFRACTIONS UNDER AS 28, VIOLATIONS UNDER AS 05.25 AND 09 AS 11,] and violations of ordinances of political subdivisions; 10  (8) for the extradition of fugitives as authorized under AS 12.70; 11  (9) to provide post-conviction relief under the Alaska Rules of 12 Criminal Procedure for any of the cases specified in (5), (6), or (7) of this section 13 if the conviction occurred in the district court. 14 * Sec. 2. AS 22.15.120 is amended by adding a new subsection to read: 15  (b) In this section, "minor offense" means 16  (1) an offense classified by statute as an infraction or a violation; 17  (2) an offense for which a bail forfeiture amount has been authorized 18 by statute and established by supreme court order; or 19  (3) a statutory offense for which a conviction cannot result in 20 incarceration, a fine greater than $300, or the loss of a valuable license.