House
File
2450
H-8110
Amend
House
File
2450
as
follows:
1
1.
By
striking
page
3,
line
32,
through
page
4,
line
3,
and
2
inserting:
3
<
3.
A
motion
filed
under
this
section
shall
be
filed
in
4
the
county
where
the
defendant
was
convicted,
and
notice
5
of
the
motion
shall
be
served
by
certified
mail
upon
the
6
county
attorney
and,
if
known,
upon
the
state,
local
agency,
7
or
laboratory
holding
evidence
described
in
subsection
2,
8
paragraph
“k”
.
The
county
attorney
shall
have
sixty
days
to
9
file
an
answer
to
the
motion.
The
motion
shall
be
heard
in,
10
and
before
any
judge
of
the
court
in
which
the
defendant’s
11
conviction
or
sentence
took
place.
A
record
of
the
proceedings
12
shall
be
made
and
preserved.
All
rules
and
statutes
applicable
13
in
civil
proceedings
including
pretrial
and
discovery
14
procedures
shall
be
available
to
the
parties.
The
court
may
15
receive
proof
of
affidavits,
depositions,
oral
testimony,
or
16
other
evidence,
and
may
order
the
defendant
brought
before
it
17
for
the
hearing
on
the
motion.
>
18
2.
Page
6,
after
line
34
by
inserting:
19
<
13.
If
the
court
determines
after
DNA
profiling
ordered
20
pursuant
to
this
section
that
the
results
indicate
a
reasonable
21
probability
that
the
defendant
would
not
have
been
convicted
22
if
such
DNA
profiling
results
had
been
introduced
at
trial,
23
the
court
shall
enter
an
appropriate
order
with
respect
to
24
the
defendant’s
conviction
or
sentence
in
the
former
criminal
25
proceedings,
and
any
supplementary
orders
as
to
rearraignment,
26
retrial,
custody,
bail,
discharge,
correction
of
sentence,
or
27
other
matters
that
may
be
necessary
and
proper.
The
court
28
shall
make
specific
findings
of
fact,
and
state
expressly
its
29
conclusions
of
law,
relating
to
each
issue
presented.
This
30
order
shall
be
considered
a
final
judgment.
>
31
______________________________
RIZER
of
Linn
-1-
HF2450.4061
(2)
87
jm/rh
1/
1
#1.
#2.