Bill Amendment: AZ SB1413 | 2013 | Fifty-first Legislature 1st Regular

Arizona Senate Bill 1413 (Prior Session Legislation)

NOTE: For additional amemendments please see the Bill Drafting List

Bill Title: Appeals; postconviction relief

Status: 2013-03-21 - Referred to House RULES Committee [SB1413 Detail]

Download: Arizona-2013-SB1413-SENATE_ADOPTED_AMENDMENT_Murphy_flr_amend_ref_Bill_adopted.html

Bill Number: S.B. 1413

Murphy Floor Amendment

Reference to: printed bill

Amendment drafted by: Legislative Council � Steve Primack

FLOOR AMENDMENT EXPLANATION

The Murphy Floor Amendment to S.B. 1413 restores the state-matching reimbursement to the counties for fees incurred for appointing post conviction relief counsel in capital appeals cases.

In addition, the amendment requires direct appeal counsel to include in the opening brief on direct appeal all colorable claims of ineffective assistance of trial and sentencing counsel, regardless of whether the claims have been raised in a petition for review from the denial of post conviction relief.

The Supreme Court must then address the ineffective assistance of trial and sentencing counsel claims on direct appeal. Finally, the amendment changes the effective date from the general effective date to January 1, 2014.

Fifty-first Legislature Murphy

First Regular Session S.B. 1413

MURPHY FLOOR AMENDMENT

SENATE AMENDMENTS TO S.B. 1413

(Reference to printed bill)

Page 1, line 17, strike "supreme" insert "trial"

Line 44, after "court" insert "or, if authorized by the supreme court, the presiding judge of the county from which the case originated"

Page 2, line 3, strike "certify" insert "add"; strike "on" insert "to"

Line 7, after "The" insert "supreme"; after "court" insert "or, if authorized by the supreme court, the presiding judge of the county from which the case originated"

Lines 30 and 39, strike "seventy-five" insert "twenty-five"

Page 3, strike lines 3 through 9, insert:

"H. The county shall request reimbursement for fees it incurs pursuant to subsections F, G and I of this section arising out of the appointment of counsel to represent an indigent capital defendant in a state postconviction relief proceeding. The state shall pay fifty per cent of the fees incurred by the county out of monies appropriated to the supreme court for these purposes. The supreme court shall approve county requests for reimbursement after certification that the amount requested is owed."

Reletter to conform

Page 5, line 26, strike "The supreme court shall appoint"; after "counsel" insert "shall be appointed"

Page 6, line 1, strike "one" insert "one"; strike "extension" insert "extension"

Line 2, strike "extensions"

Page 7, line 18, after the comma strike remainder of line

Strike line 19, insert "direct appeal counsel shall include in the opening brief on direct appeal all colorable claims of ineffective assistance of trial and sentencing counsel, regardless of whether the claims have been raised in a petition for review from the denial of postconviction relief. The supreme court shall address the ineffective assistance of trial and sentencing counsel claims on direct appeal."

Page 7, after line 35, insert:

"Sec. 9. Effective date

This act is effective from and after December 31, 2013."

Amend title to conform