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SB2340AVM001 |
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LRB095 19681 RLC 52621 v |
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| MOTION
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| I move to accept the specific recommendations of the |
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| Governor
as to Senate Bill 2340 in manner and form as follows:
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| AMENDMENT TO SENATE BILL 2340
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| IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
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| Amend Senate Bill 2340 on page 2, below line 18, by |
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| inserting the following:
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| "(b) The sheriff or seizing law enforcement agency must |
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| file a motion requesting destruction of bulk evidence before |
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| the trial judge in the courtroom where the criminal charge is |
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| pending. The sheriff or seizing law enforcement agency must |
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| give notice of the motion requesting destruction of bulk |
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| evidence to the prosecutor of the criminal charge and the |
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| defense attorney of record. The trial judge will conduct an |
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| evidentiary hearing in which all parties will be given the |
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| opportunity to present evidence and arguments relating to |
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| whether the evidence should be destroyed, whether such |
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| destruction will prejudice the prosecution of the criminal |
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| case, and whether the destruction of the evidence will |
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| prejudice the defense of the criminal charge. The court's |
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| determination whether to grant the motion for destruction of |
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| bulk evidence must be based upon the totality of all of the |
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| circumstances of the case presented at the evidentiary hearing, |
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| the effect such destruction would have upon the defendant's |
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| constitutional rights, and the prosecutor's ability to proceed |