Legislature(1997 - 1998)
1997-02-10 Senate Journal
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Full Journal pdf1997-02-10 Senate Journal Page 0270 SB 80 The bill adds a provision to allow continuing liens on prisoner accounts at correctional facilities. The state can execute a judgment for costs and attorneys fees against a prisoners account. Currently, whether the state is successful in collecting the judgment depends on whether the prisoner has money in the account at the time. Under a continuing lien, the state can recover the money whenever the prisoners account has money available. This will reduce costs of collection so valid judgments are more timely satisfied. Finally, the bill limits the time in which the court may allow a person to file a late appeal or request for discretionary review of the conviction or sentence to no more than 60 days after the originally specified time. Unreasonably late challenges to convictions and sentences undermine the administration of justice, resulting in litigation of stale claims with witnesses whose memories have faded. Victims, witnesses and the public should be able to depend on the finality of judgments once a defendant has had a reasonable opportunity to challenge a conviction and sentence. The 1995 law has already proven effective in reducing frivolous prisoner litigation. This bill will strengthen that effort. Sincerely, /s/ Tony Knowles Governor SB 81 SENATE BILL NO. 81 BY SENATOR KELLY BY REQUEST, entitled: An Act relating to immunization records for children under the age of seven. was read the first time and referred to the State Affairs and Health, Education and Social Services Committees.