Amendment H-8291 to SF 2349

Filed April 9, 2024 in the House by

What it changes

1. Page 1, line 15, by striking “a.”
2. Page 1, line 19, by striking “all of the following:” and inserting “that there is a compelling need for the evidence sought or that such evidence appears reasonably likely to lead to the discovery of relevant information. A defense subpoena shall not be filed or reviewed ex parte.”
3. By striking page 1, line 20, through page 2, line
5. Page 2, line 14, after “waiver” by inserting “except upon a showing of good and otherwise lawful cause”
6. Page 2, by striking lines 29 through 35 and inserting: “___. A criminal defendant or counsel acting on the defendant’s behalf, in evaluating whether to submit an application for a subpoena, and the court, in considering an application for a subpoena, shall give due consideration concerning the likely burdens placed upon the person to be subpoenaed. No subpoena shall issue if the court finds that the likely burdens, including but not limited to the compromise of privacy interests, expense, inconvenience, and the disruption of emotional tranquility, so overwhelm the likely benefit to the defense that the granting of the subpoena application would constitute manifest injustice. If an application for a subpoena appears to have been motivated by malice, the court shall impose appropriate sanctions upon the criminal defendant or counsel acting on the defendant’s behalf.”
7. By renumbering, redesignating, and correcting internal references as necessary.

Official amendment (PDF) · In the Bill Book