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Sen. Toi W. Hutchinson
Filed: 4/12/2012
| | 09700HB5653sam001 | | LRB097 18560 RLC 67899 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5653
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| 2 | | AMENDMENT NO. ______. Amend House Bill 5653, by replacing |
| 3 | | lines 20 through 26 on page 4 and lines 1 through 3 on page 5 |
| 4 | | with the following:
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| 5 | | "(h) If a person is charged with financial exploitation of |
| 6 | | an elderly person or a person with a disability that involves |
| 7 | | the taking or loss of property valued at more than $5,000, a |
| 8 | | prosecuting attorney may file a petition with the circuit court |
| 9 | | of the county in which the defendant has been charged to freeze |
| 10 | | the assets of the defendant in an amount equal to but not |
| 11 | | greater than the alleged value of lost or stolen property in |
| 12 | | the defendant's pending criminal proceeding for purposes of |
| 13 | | restitution to the victim. The burden of proof required to |
| 14 | | freeze the defendant's assets shall be by a preponderance of |
| 15 | | the evidence.".
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