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/ 1 #1. #2. #3. #4. #5. #6.