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.