Legislature(1995 - 1996)
1995-05-01 House Journal
Full Journal pdf1995-05-01 House Journal Page 1699 HB 201 The following was read the second time: 1995-05-01 House Journal Page 1700 HB 201 HOUSE BILL NO. 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." with the: Journal Page STA RPT 3DP 1NR 807 3 ZERO FNS (LAW, CORR, DPS) 2/27/95 808 2 ZERO FNS (ADM) 2/27/95 808 JUD RPT CS(JUD) NT 4DP 1NR 1279 FISCAL NOTE (COURT) 1280 2 ZERO FNS (ADM) 2/27/95 1280 3 ZERO FNS (DPS, CORR, LAW) 2/27/95 1280 FIN RPT CS(FIN) NT 8DP 1AM 1465 ZERO FISCAL NOTE (COURT) 1465 2 ZERO FNS (2-ADM) 2/27/95 1465 3 ZERO FNS (LAW, CORR, DPS) 2/27/95 1465 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 201(FIN) "An Act relating to prisoner litigation, post-conviction relief, sentence appeals, execution on judgments against prisoners; amending Alaska Administrative Rule 10, Alaska Rules of Appellate Procedure 204, 208, 209, 215, 403, 521, 602, 603, and 604, Alaska Rules of Civil Procedure 3, 16.1, and 65, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Porter: Page 1, line 1, following "litigation," (title amendment): Insert "post-trial motions," Page 5, following line 21: 1995-05-01 House Journal Page 1701 HB 201 Insert a new bill section to read: "* Sec. 6. AS12.55.088(a) is amended to read: (a) The court may modify or reduce a sentence by entering a written order under a motion made within 180 [60] days of the original sentencing." Renumber the following bill sections accordingly. Page 10, line 9, after "AS12.72": Insert "or an untimely or successive motion for reduction or modification of sentence" Page 18, line 12: Delete "120" Insert "180" Page 18, following line 23: Insert a new bill section to read: "* Sec. 31. Rule 35, Alaska Rules of Criminal Procedure, is amended by adding new subsections to read: (e) An indigent defendant not already represented by counsel may request the court to appoint counsel for purposes of filing a motion under this rule. If the defendant is represented by appointed counsel, counsel may file with the court and serve on the prosecuting attorney a certificate that counsel (1) does not have a conflict of interest; (2) has completed a review of the facts and law related to sentence; (3) has consulted with the applicant and, if appropriate, with trial and appellate counsel; and (4) has determined that a motion under this subsection would not warrant relief by the court. (f) If appointed counsel has filed a certificate under (e) of this rule, and it appears to the court that the applicant is not entitled to relief, the court shall indicate its intention to permit counsel to withdraw and, if appropriate, to dismiss the motion. The applicant and the prosecuting attorney shall be given an opportunity to reply to the proposed withdrawal or dismissal. If the defendant files a response and the court finds that a motion under this rule would not warrant relief, the court shall permit counsel to withdraw and, if appropriate, dismiss the motion. If the court finds that a motion 1995-05-01 House Journal Page 1702 HB 201 under this rule may warrant relief, the court may direct that the proceedings continue or take other appropriate action." Renumber the following bill sections accordingly. Page 23, following line 21: Insert new bill sections to read: "* Sec. 41. APPLICABILITY. This Act applies to offenses committed before, on, or after the effective date of this Act. * Sec. 42. SPECIAL APPLICABILITY OF SECTIONS 29 - 31. (a) Notwithstanding Rule 35, Alaska Rules of Criminal Procedure, as amended in secs. 29 - 31 of this Act, the trial court, under Rule 35(b), as amended by this Act, may reduce the sentence of a defendant sentenced before the effective date of this section if the defendant took an appeal and the sentence reduction occurs within 120 days of the day that jurisdiction is returned to the trial court under Rule 507(b), Alaska Rules of Appellate Procedure, unless the defendant petitions the United States Supreme Court for certiorari, in which case the 120 days commences on the day that the Supreme Court denies relief. (b) This section has the effect of amending Rule 35, Alaska Rules of Criminal Procedure." Renumber the following bill sections accordingly. Page 24, line 6: Delete "14 and 38" Insert "15, 40, and 41" Delete "37 and 39" Insert "39, 42, and 43" Representative Porter moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered, and the new title appears below: CS FOR HOUSE BILL NO. 201(FIN) am "An Act relating to prisoner litigation, post-trial motions, post-conviction relief, sentence appeals, execution on judgments against prisoners; amending Alaska Administrative Rule 10, Alaska Rules of Appellate Procedure 204, 208, 209, 215, 403, 521, 602, 603, and 604, Alaska Rules of Civil Procedure 3, 16.1, and 1995-05-01 House Journal Page 1703 HB 201 65, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1; and providing for an effective date." Representative Vezey moved and asked unanimous consent that CSHB201(FIN)am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 201(FIN) am was read the third time. The question being: "Shall CSHB 201(FIN) am pass the House?" The roll was taken with the following result: CSHB 201(FIN) am Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Hanley And so, CSHB 201(FIN) am passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 201(FIN) am was referred to the Chief Clerk for engrossment.