H.B.
154
EXONERATION AND INNOCENCE ASSISTANCE
house floor
Amendments
Amendment 2 February 15, 2007 11:35 am
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 341
:
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
339
services for the petitioner
{
; or
340
(ii) the value of any services or the value of any reduction in fees for services to be
341
provided to the petitioner as a part of the payment
}
.
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hb0154.hfa.02.wpd
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