Legislature(1997 - 1998)

1997-02-10 Senate Journal

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1997-02-10                     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.