04/26/1993 09:17 AM Senate FIN

                                                                               
  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
(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
(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."