Amendment SA2-SB492

LRBa1888/1

MLJ:ahe/emw/klm

2017 - 2018 LEGISLATURE

SENATE AMENDMENT 2, TO SENATE BILL 492

February 2, 2018 - Offered by Senator Petrowski.

SB492-SA2,1,1 At the locations indicated, amend the bill as follows:

SB492-SA2,1,2 1. Page 3, line 5: delete “any" and substitute “an".

SB492-SA2,1,3 2. Page 3, line 5: after “articulated" insert “theory of".

SB492-SA2,1,6 3. Page 3, line 5: delete the material beginning with “supports" and ending with “defense" on line 6 and substitute “is necessary to a determination of guilt or innocence”.

SB492-SA2,1,7 4. Page 3, line 11: delete “45" and substitute “60".

SB492-SA2,1,8 5. Page 3, line 14: before “good" insert “fact-specific".

SB492-SA2,1,9 6. Page 3, line 16: delete “indicates" and substitute “demonstrates".

SB492-SA2,1,10 7. Page 3, line 19: delete “That there" and substitute “There".

SB492-SA2,1,11 8. Page 3, line 21: delete “That the" and substitute “The".

SB492-SA2,1,12 9. Page 3, line 21: delete “any" and substitute “an".

SB492-SA2,2,1 10. Page 3, line 22: after “articulated" insert “theory of".

SB492-SA2,2,2 11. Page 3, line 23: delete “That the" and substitute “The".

SB492-SA2,2,3 12. Page 4, line 1: delete “That the" and substitute “The".

SB492-SA2,2,5 13. Page 4, line 3: delete “The following offers of proof alone" and substitute “Each of the following offers of proof, considered alone,".

SB492-SA2,2,6 14. Page 4, line 4: delete “his or her" and substitute “the".

SB492-SA2,2,7 15. Page 4, line 6: delete “That the" and substitute “The".

SB492-SA2,2,8 16. Page 4, line 7: delete “That the" and substitute “The".

SB492-SA2,2,9 17. Page 4, line 9: delete “That the" and substitute “The".

SB492-SA2,2,10 18. Page 4, line 10: after that line insert:

SB492-SA2,2,12 “4. The crime victim may have made an inconsistent statement about the offense.”.

SB492-SA2,2,13 19. Page 4, line 14: delete “That a" and substitute “A".

SB492-SA2,2,14 20. Page 4, line 16: delete “That he" and substitute “He".

SB492-SA2,2,15 21. Page 4, line 18: delete “That he" and substitute “He".

SB492-SA2,2,16 22. Page 4, line 20: delete “That by" and substitute “By".

SB492-SA2,2,17 23. Page 5, line 7: delete “counsel and" and substitute “counsel. The court".

SB492-SA2,2,19 24. Page 5, line 7: after “request" insert “regarding access to and disclosure of the privileged mental health treatment records".

SB492-SA2,2,21 25. Page 5, line 13: after “child" insert “regarding access to and disclosure of the privileged mental health treatment records".

SB492-SA2,2,22 26. Page 5, line 16: delete “by a preponderance of the evidence".

SB492-SA2,3,1 27. Page 6, line 1: delete “to any" and substitute “to an".

SB492-SA2,3,2 28. Page 6, line 2: after “articulated" insert “theory of".

SB492-SA2,3,3 29. Page 6, line 5: delete “by clear and convincing evidence".

SB492-SA2,3,4 30. Page 6, line 6: delete “That the" and substitute “The".

SB492-SA2,3,5 31. Page 6, line 7: delete “any" and substitute “an".

SB492-SA2,3,6 32. Page 6, line 7: after “articulated" insert “theory of".

SB492-SA2,3,7 33. Page 6, line 7: delete “that".

SB492-SA2,3,8 34. Page 6, line 9: delete “That the" and substitute “The".

SB492-SA2,3,10 35. Page 6, line 9: after “exculpatory" insert “because it is necessary to the determination of guilt or innocence".

SB492-SA2,3,11 36. Page 7, line 11: delete “any" and substitute “an".

SB492-SA2,3,12 37. Page 7, line 11: after “articulated" insert “theory of".

SB492-SA2,3,14 38. Page 8, line 7: after “inform the jury" insert “immediately following the testimony of the crime victim and before jury deliberations".

SB492-SA2,3,15 39. Page 8, line 7: after that line insert:

SB492-SA2,3,17 “a. The defendant filed a motion for discovery of mental health treatment records that met the requirements for an in camera review.”.

SB492-SA2,3,18 40. Page 8, line 8: delete “a. That the" and substitute “b. The".

SB492-SA2,3,19 41. Page 8, line 10: delete “b. That the" and substitute “c. The".

SB492-SA2,3,21 42. Page 8, line 12: delete “s. 905.11 or 905.12" and substitute “ss. 905.11 to 905.13".

SB492-SA2,4,1 43. Page 9, line 16: delete lines 16 and 17.