H.B. 307

House Floor Amendments

Amendment 3 February 22, 2012 8:47 AM

Representative Brad L. Dee proposes the following amendments:

1.    Page 3, Lines 60 through 65 :    

             60          (b) Upon entry of a finding that the petition is sufficient under Subsection (2)(a), the
             61      court shall then review the petition to determine if Subsection (3)(a) has been satisfied. If the
             62      court finds that the requirements of Subsection (3)(a) have not been satisfied, it may dismiss
             63      the petition without prejudice and give notice to the petitioner and the attorney general of the
             64      dismissal, or the court may
{   enter a finding that based upon the strength of the petition, the

             65      requirements of Subsection (3)(a) are waived in the interest of justice  
  waive the requirements of Subsection (3)(a) if the court finds the petition should proceed to hearing based upon the strength of the petition, and that there is other evidence that could have been discovered through the exercise of reasonable diligence by petitioner or petitioner's counsel at trial, and the other evidence:

    (i) was not discovered by petitioner or petitioner's counsel;
    (ii) is material upon the issue of factual innocence; and
    (iii) has never been presented to a court  

2.    Page 6, Lines 168 through 170 :    

             168          (b) the determination is based upon the newly discovered material evidence described
             169      in the petition, pursuant to Subsection 78B-9-402
{   (2)(a)   } , and as defined in Subsection

             170      78B-9-401.5 (3).

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