LRBa1761/1
CMH:amn
2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 642
January 10, 2018 - Offered by Representative Goyke.
AB642-AA1,1,11 At the locations indicated, amend the bill as follows:
AB642-AA1,1,2 21. Page 2, line 17: after that line insert:
AB642-AA1,1,3 3 Section 4s. 969.08 (5) (b) 2. of the statutes is amended to read:
AB642-AA1,1,104 969.08 (5) (b) 2. At a hearing on the alleged violation the state has the burden
5of going forward and proving by clear and convincing evidence showing probable
6cause
that the violation occurred while the defendant was on conditional release.
7The evidence shall be presented in open court with the right of confrontation, right
8to call witnesses, right of cross-examination and right to representation by counsel.
9The rules of evidence applicable in criminal trials govern the admissibility of
10evidence at the hearing.”.
AB642-AA1,2,2 112. Page 2, line 19: delete the material beginning with “Upon" and ending with
12“evidence" on line 20 and substitute “Upon a finding by the court that the state has

1established by clear and convincing evidence
Following a probable cause
2determination of a criminal complaint or indictment
”.
AB642-AA1,2,4 33. Page 3, line 2: delete “court's finding" and substitute “court's finding
4determination".
AB642-AA1,2,8 54. Page 3, line 4: delete the material beginning with “the court does" and
6ending with “evidence" on line 5 and substitute “the court does not find that the state
7has established by clear and convincing evidence
there is no probable cause
8determination of a criminal complaint or indictment
”.
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