03/31/1993 01:55 PM Senate JUD

 SENATOR TAYLOR introduced CS FOR HOUSE BILL NO. 152(JUD)                      
 (JURISDICTION OF MAGISTRATES) and invited CHRIS CHRISTENSEN,                  
 Staff Counsel to the Judicial Branch, to testify.                             
                                                                               
 MR. CHRISTENSEN reviewed the duties of a District Court                       
 Magistrates and explained HB 152 proposed some changes to the                 
 magistrate's jurisdiction.  The first change would modify                     
 jurisdiction in respect to minor offenses which can't be a                    
 jail sentence, an excessive fine, or the loss of a valuable                   
 license.  A person committing a minor offense, also, does not                 
 have the right to a jury trial or a public defender.                          
                                                                               
 MR. CHRISTENSEN explained magistrates are allowed to hear                     
 minor offenses under Title 28 of the Criminal Rule, but not                   
 under those titles regulating Parks and Recreation and Fish                   
 and Game.  He said this legislation would allow a magistrate                  
 to hear any kind of minor offense where there is no jail                      
 sentence or excessive fine, regardless of where it is in the                  
 Alaska Statutes.  He explained this would transfer some of the                
 current criminal load from district judges, who have had their                
 jurisdiction increased substantially in the last 6 or 8 years.                
                                                                               
 MR. CHRISTENSEN said the second change would correct an                       
 oversight in court system legislation passed by the                           
 legislature back in 1990 in Criminal Rule 35.1 for post-                      
 conviction relief, and he explained how the rule would apply                  
 to magistrates.                                                               
                                                                               
 Number 050                                                                    
                                                                               
 SENATOR HALFORD moved to pass HB 152 (JURISDICTION OF                         
 MAGISTRATES) from committee with individual recommendations.                  
 Without objections, so ordered.