FIFTIETH LEGISLATURE

FIRST SESSION



March 18, 2011

 

Mr. Speaker:


    Your CONFERENCE COMMITTEE, to whom has been referred


 

SENATE BILL 365, as amended



has had it under consideration and reports same with the following recommendation:


    1. The following Senate Judiciary Committee amendments be DISAPPROVED:


         Nos. 1, 2, 3 and 4.


    2. Senate Finance Committee Amendment No. 1 be APPROVED.


    3. All items of Senate Floor Amendment number 1 be DISAPPROVED.


    4. All items of Senate Floor Amendment number 2 be DISAPPROVED.


    5. House Judiciary Committee Amendment No. 1 be APPROVED.

and that the bill be amended further as follows:


    6. On page 1, line 12, before the period, insert "; REQUIRING CERTAIN CONDITIONS BEFORE A DNA SAMPLE IS ANALYZED".


    7. On page 2, line 3, after the period, insert the following:


    "A sample shall not be analyzed and shall be destroyed unless one of the following conditions has been met:


             (1) the arrest was made upon an arrest warrant for a felony;


             (2) the defendant has appeared before a judge or magistrate who made a finding that there was probable cause for the arrest; or


             (3) the defendant posted bond or was released prior to appearing before a judge or magistrate and then failed to appear for a scheduled hearing.".


                               Respectfully submitted,



                               _____________________________

                               Al Park


                               _____________________________

                               William "Bill" R. Rehm


                               _____________________________

                               Antonio "Moe" Maestas




Adopted____________________ Not Adopted_____________________

          (Chief Clerk) (Chief Clerk)





                  Date ______________