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House Amendment 1913

Amendment Text

PAG LIN
  1  1    Amend House File 674, as passed by the House, as
  1  2 follows:
  1  3    #1.  Page 1, by inserting after line 22, the
  1  4 following:
  1  5    "__.  The individual was imprisoned solely on the
  1  6 basis of the conviction that was vacated, dismissed,
  1  7 or reversed and on which no further proceedings can be
  1  8 or will be had."
  1  9    #2.  Page 1, by striking lines 23 and 24 and
  1 10 inserting the following:
  1 11    "2.  Upon receipt of an order vacating, dismissing,
  1 12 or reversing the conviction and sentence in a case for
  1 13 which no further proceedings can be or will be held
  1 14 against an individual on any facts and circumstances
  1 15 alleged in the proceedings which resulted in the
  1 16 conviction, the district court shall make a
  1 17 determination whether there is clear and convincing
  1 18 evidence to establish either of the".
  1 19    #3.  Page 1, line 27, by striking the words "and
  1 20 sentenced" and inserting the following:  ", sentenced,
  1 21 and imprisoned".
  1 22    #4.  Page 1, line 30, by striking the words "and
  1 23 sentenced" and inserting the following:  ", sentenced,
  1 24 and imprisoned".
  1 25    #5.  Page 1, by striking lines 32 and 33 and
  1 26 inserting the following:
  1 27    "3.  If the district court finds that there is
  1 28 clear and convincing evidence to support either of".
  1 29    #6.  Page 1, line 34, by striking the words and
  1 30 figure "1, paragraph "e"" and inserting the following:
  1 31 "2".
  1 32    #7.  Page 2, by striking lines 9 through 12, and
  1 33 inserting the following:  "of this section, to the
  1 34 individual named in the order."
  1 35    #8.  Page 2, line 24, by striking the words
  1 36 "include any of" and inserting the following:  "are
  1 37 limited to".
  1 38    #9.  By striking page 2, line 34, through page 3,
  1 39 line 3, and inserting the following:
  1 40    "___.  An amount of liquidated damages in an amount
  1 41 equal to fifty dollars per day of wrongful
  1 42 imprisonment."
  1 43    #10.  Page 3, lines 5 and 6, by striking the words
  1 44 "arrest, prosecution, conviction," and inserting the
  1 45 following:  "conviction".
  1 46    #11.  By renumbering as necessary.  
  1 47 HF 674S
  1 48 lh/cc/26
     

Text: H01912                            Text: H01914
Text: H01900 - H01999                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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