H-8110

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

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RIZER of Linn