ADOPTED HOUSE AMENDMENTS

 

TUESDAY, MARCH 04, 2014

 

SF0011H2001/ACE CORRECTED

(CORRECTED COPY)

 

[TO ENGROSSED COPY]

 

Page 11-After line 16               Insert:

 

"Section 12.  [Technological Issues in Legislative Facilities].

 

(a)  There is appropriated twenty-five thousand dollars ($25,000.00) from the general fund to the legislative service office for legislative expenses associated with addressing technological issues relating to the legislature, including incorporation of technology in legislative functions and facilities as provided in this section.

 

(b)  The president of the senate and the speaker of the house shall authorize from members of their respective houses serving on the select committee on technology and process, the select committee on legislative facilities or the oversight group created by 2014 Senate File 103 as enacted into law, to review the incorporation of technology in legislative functions and facilities in other states.  As approved by the senate president and speaker, the members selected may travel out-of-state to review the issues specified in this section and are authorized mileage, per diem and actual expenses when undertaking those activities.

 

(c)  This section is effective immediately.".

 

Page 11-line 18            Delete "12" insert "13".  BERGER

 

 

SF0011H2003/AE

 

[TO ENGROSSED COPY]

 

 Page 3-line 16                         After "systems." Insert "In preparing for replacement of laptop computers for legislators, the Select Committee on Legislative Technology and Process shall conduct a review of multiple products, including an evaluation of tablets and laptops and may suggest a pilot project involving alternate computer operating systems.  The Committee shall provide a report of advantages and disadvantages of the evaluated options to Management Council prior to initiating the procurement process to purchase the computers.". HARSHMAN, PAXTON

 

 

SF0028H2002/AE

[TO ENGROSSED COPY]

 

Page 1-line 4                            After ";" insert "providing for actual innocence hearing;".

 

Page 6-line 4                            Delete "trial." insert "trial or determine the motion without a hearing. The motion for a new trial shall be considered and determined and a dispositive order entered within thirty (30) days after the motion is filed.  The court may extend the thirty (30) days for entering a dispositive order provided that the time for entering a dispositive order shall not extend beyond one hundred and fifty (150) days after the motion is filed. When disposition of a motion is made without a hearing, the order shall include a statement of the reason for the determination without a hearing.".

 

Page 6-line 13                          Delete "a" insert "the state's".

 

Page 6-line 14                          Delete "by".

 

Page 6-line 15                          Delete line through "retrial".

 

Page 6-After line 15                 Insert:

 

                        "(i)  Vacate the movant's conviction; and

 

                         (ii) Issue an order of expungement of the original conviction.".

 

Page 6-lines 17 through 24      Delete entirely.

 

Page 7-line 3                Delete ":" insert "issue an order of expungement of the original sentence.".

 

Page 7-lines 5 through 8          Delete entirely and insert:

 

            "(g)  If the original charges are dismissed or the movant is acquitted after a retrial, the movant shall be entitled to an actual innocence hearing. If an actual innocence hearing is requested, the court shall conduct a review of all past criminal proceedings involving the movant's original conviction and any new evidence relevant to the movant's claim of actual innocence.  If the court finds, by a preponderance of the evidence, that the movant is actually innocent as defined in W.S. 7-12-401, the court shall issue an order of actual innocence and exoneration.". 

 

Page 9-line 13              After "testing" insert ", except that  the conditions of W.S. 7-12-316(a)(i) shall not apply.".  LUBNAU 

 

 

SF0030H2001/AE

 

[TO ENGROSSED COPY]

 

Page 2-line 23                          Delete "department of administration and information" insert "office of the attorney general".

 

Page 3-line 7                            In the standing committee amendment (SF0030HS001/AE) to this line delete "the effective date of this act," insert "July 1, 2014,". 

 

Page 6-line 5                            Delete "department" insert "office of the attorney general".

 

Page 6-line 6                            Delete "of administration and information". GINGERY

 

 

SF0030H2002/AE

 

[TO ENGROSSED COPY]

 

Page 1-line 2                            After "testing" insert "and found factually innocent".

 

Page 1-line 10                          Delete "is" insert "and 7-12-317 are".

 

Page 2-line 7                            After ";" delete "and".

 

Page 2-line 13                          Delete "." insert "; and".

 

Page 2-After line 13 Insert:

 

            "(iv)  The court entered findings of fact and conclusions of law establishing factual innocence of the original and related offenses under W.S. 7-12-317.".

 

Page 6-After line 7                   After the standing committee amendment (SF0030HS001/AE) to this line insert:

 

"7-12-317.  Establishment of factual innocence.

 

            (a)  If the court entered an order of actual innocence and exoneration under W.S. 7-12-310, the movant shall be entitled to a hearing to determine whether the movant is factually innocent of the original and related offenses.  If the movant files a motion under this section, the court shall conduct a review of all past criminal proceedings involving the movant's original conviction and any new evidence relevant to the movant's claim of factual innocence. If the court finds, by a preponderance of the evidence, that the movant is factually innocent of the original and related offenses, the court shall enter findings of fact and conclusions of law establishing the movant's factual innocence of the original and related offenses.  The court shall enter a dispositive order within one hundred and fifty (150) days after the motion is filed.

 

            (b)  For purposes of this section, factual innocence of original and related offenses means the movant did not:

 

                        (i)  Engage in conduct for which the movant was convicted;

 

                        (ii)  Engage in conduct in connection with the original offense for which the movant was convicted which would constitute a lesser included offense or another felony arising out of the same conduct; or

 

                        (iii)  Engage in any conduct which would constitute aiding and abetting, attempt or conspiracy to commit the offense for which the movant was originally convicted or any lesser included offense thereof.".

 

Page 8-line 3                Delete "7-12-316" insert "7-12-317".  LUBNAU

 

 

SF0031H3001/AE

 

[TO ENGROSSED COPY]

 

Page 6-lines 9 through 14        Delete entirely and insert:

 

"(a)  A court may order participation in the program as a condition of pretrial release, bond, suspension of sentence, probation or other conditional release if the charge or offense was related to substance abuse.".  Gingery

 

 

SF0039H2001/AE

 

[TO ENGROSSED COPY]

 

Page 3-After line 24                 In the standing committee amendment (SF0039HS001/ACE) to this line after "proposed." insert:

            "(g)      In determining values of parcels subject to an exchange under this section, the board shall use the highest of the value determined by the following appraisal approaches:

 

(i)  The cost approach;

 

(ii)  The comparison approach; and

 

(iii)  The income approach.".

 

Page 4-line 2                            In the standing committee amendment (SF0039HS001/ACE) to this line delete "(g)" insert "(h)".

 

Page 4-line 5                            In the standing committee amendment (SF0039HS001/ACE) to this line delete "(h)" insert "(j)".

 

Renumber as necessary. Lubnau