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House Journal: Page 1304: Wednesday, April 10, 2002

CONSIDERATION OF BILLS
Unfinished Business Calendar

Senate File 2286, a bill for an act relating to the civil
commitment of sexually violent predators and providing an effective
date, with report of committee recommending passage, was taken up
for consideration.

Shey of Linn offered amendment H(8502 filed by Shey, et al., as
follows:

H-8502

1 Amend Senate File 2286, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting before line 1 the
4 following:
5 "Sec. . Section 229A.5, subsection 3, Code
6 2001, is amended to read as follows:
7 3. At the hearing, the rules of evidence do not
8 apply, and the state may rely solely upon the petition
9 filed under subsection 1, but the state may also
10 supplement the petition with additional documentary
11 evidence or live testimony."
12 2. Page 3, lines 24 and 25, by striking the words
13 and figure "who is detained pursuant to section 229A.5
14 or".
15 3. Page 6, lines 9 and 10, by striking the words
16 "and there shall be no presumption to commit or not to
17 commit".
18 4. Page 7, lines 14 and 15, by striking the words
19 "by a unanimous verdict".
20 5. Page 8, by striking lines 21 and 22, and
21 inserting the following: "discharge over the
22 director's objection or placement in a transitional
23 release program without authorization from the
24 director. The notice shall contain a waiver".
25 6. Page 9, lines 5 and 6, by striking the words
26 "ten days of the filing of the notice of annual
27 review" and inserting the following: "thirty days of
28 the notice of annual review being provided to counsel
29 for the committed person".
30 7. Page 11, by inserting after line 1 the
31 following:
32 " . If the director of human services has
33 authorized the committed person to petition for
34 discharge or for placement in a transitional release
35 program and the case is before a jury, testimony by a
36 victim of a prior sexually violent offense committed


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