H.B.
154
EXONERATION AND INNOCENCE ASSISTANCE
house floor
Amendments
Amendment 3 February 15, 2007 1:55 pm
Representative David Litvack
proposes the following amendments:
1. Page
6, Lines 164 through 165
:
164
of one or more offenses of which the person was convicted
{
and all lesser included offenses
165
relating to those offenses
}
, the court shall order that those convictions be vacated with prejudice
2. Page
6, Line 169
:
169
convincing evidence that the person
{
is
}
[actually]
{
factually innocent of
}
did not commit
one or more offenses of
3. Page
6, Line 171
:
171
that the person
{
is
}
[actually]
{
factually innocent of all
}
did not commit any
lesser included
offenses relating to those
4. Page
6, Line 178
:
178
offenses the person is challenging
and does not find that Subsection (2)(c) applies
, the court shall deny
the person's petition regarding the
5. Page
9, Lines 262 through 264
:
262
evidence that the petitioner
{
is
}
:
263
(a)
is
factually innocent of one or more offenses of which he was convicted
{
and all lesser
264
included offenses relating to those offenses
}
, the court shall order that those convictions be
6. Page
9, Line 266
:
266
(b)
{
factually innocent of
}
did not commit
one or more offenses of which the petitioner was
convicted,
7. Page
9, Lines 267 through 268
:
267
but the court does not find by clear and convincing evidence that the petitioner
{
is factually
268
innocent of all
}
did not commit any
lesser included offenses relating to those offenses, the court shall
modify the
8. Page
9, Line 273
:
273
challenging
and does not find that Subsection (4)(b) applies
, the court shall deny the petition regarding
the offense or offenses.
9. Page
11, Line 336 through Page 12, Line 338
:
336
(b) Payments pursuant to this section may not be offset by
{
:
337
(i)
}
any expenses incurred by the state or any political subdivision of the state, including
338
expenses incurred to secure the petitioner's custody, or to feed, clothe, or provide medical
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