Senate
File
2349
H-8291
Amend
the
amendment,
H-8290,
to
Senate
File
2349,
as
passed
1
by
the
Senate,
as
follows:
2
1.
Page
1,
line
15,
by
striking
<
a.
>
3
2.
Page
1,
line
19,
by
striking
<
all
of
the
following:
>
and
4
inserting
<
that
there
is
a
compelling
need
for
the
evidence
5
sought
or
that
such
evidence
appears
reasonably
likely
to
lead
6
to
the
discovery
of
relevant
information.
A
defense
subpoena
7
shall
not
be
filed
or
reviewed
ex
parte.
>
8
3.
By
striking
page
1,
line
20,
through
page
2,
line
8.
9
4.
Page
2,
line
14,
after
<
waiver
>
by
inserting
<
except
upon
10
a
showing
of
good
and
otherwise
lawful
cause
>
11
5.
Page
2,
by
striking
lines
29
through
35
and
inserting:
12
<
___.
A
criminal
defendant
or
counsel
acting
on
the
13
defendant’s
behalf,
in
evaluating
whether
to
submit
an
14
application
for
a
subpoena,
and
the
court,
in
considering
15
an
application
for
a
subpoena,
shall
give
due
consideration
16
concerning
the
likely
burdens
placed
upon
the
person
to
17
be
subpoenaed.
No
subpoena
shall
issue
if
the
court
finds
18
that
the
likely
burdens,
including
but
not
limited
to
the
19
compromise
of
privacy
interests,
expense,
inconvenience,
20
and
the
disruption
of
emotional
tranquility,
so
overwhelm
21
the
likely
benefit
to
the
defense
that
the
granting
of
the
22
subpoena
application
would
constitute
manifest
injustice.
If
23
an
application
for
a
subpoena
appears
to
have
been
motivated
24
by
malice,
the
court
shall
impose
appropriate
sanctions
upon
25
the
criminal
defendant
or
counsel
acting
on
the
defendant’s
26
behalf.
>
27
6.
By
renumbering,
redesignating,
and
correcting
internal
28
references
as
necessary.
29
______________________________
THOMSON
of
Floyd
-1-
H
8290.4112
(2)
90
as/js
1/
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