Amendment H-1140 to HF 644
Relating to criminal law including depositions, conditional guilty pleas, prosecution witnesses who are minors, and juror qualifications, and including effective date provisions
Adopted · March 22, 2023
Filed March 21, 2023 in the House by
What it changes
- Page 1, by striking line 16 and inserting “a preponderance of the evidence any of the following:”
- Page 1, by striking lines 17 through 22 and inserting: “(1) The evidence sought is relevant or will lead to the discovery of relevant information. (2) The evidence sought does not include private information of a crime victim or any other person unless the evidence is exculpatory.”
- Page 2, by striking lines 18 through 20 and inserting: “___. Documents or other evidence obtained through a defense subpoena must be provided to the prosecuting attorney within three days after receipt of the documents or other evidence.”
- Page 2, by striking lines 24 through 26 and inserting: “___. The court may sanction an attorney for knowingly issuing a defense subpoena in violation of this section.”
- Page 2, line 35, after “deposition” by inserting “in the criminal proceeding”
- Page 3, by striking lines 6 through 12 and inserting: “NEW SUBSECTION .
- A conditional guilty plea that reserves an issue for appeal shall only be entered by the court with the consent of the prosecuting attorney and the defendant or the defendant’s counsel. An appellate court shall have jurisdiction over only conditional guilty pleas that comply with this section and when the appellate adjudication of the reserved issue is in the interest of justice.”
- Page 4, by striking lines 25 through 28 and inserting: “
- A person convicted of a felony who is currently registered as a sex offender under chapter 692A or who is required to serve a special sentence under chapter 903B shall be disqualified from jury service.”
- Title page, lines 3 and 4, by striking “providing penalties,”
- By renumbering, redesignating, and correcting internal references as necessary.