HOUSE AMENDMENT

                                 Bill No. CS for SB 1330, 1st Eng.

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  The Committee on Civil Justice & Claims offered the following:

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13         Amendment 

14         On page 7, between lines 6 & 7 of the bill

15

16  insert:

17         (c)  The attorney general and state attorney shall

18  provide notification as provided in subsections (3) and (4) on

19  cases where the mandate has issued on the date that this

20  statute becomes effective, but where initial requests for

21  public records have not been made.

22         (d)  If, on the date that this statute becomes

23  effective, a defendant is represented by appointed CCRC or

24  private counsel, and he or she has initiated the public

25  records request process, counsel shall file within ninety days

26  of the effective date of this statute, a written demand for

27  any additional records that have not previously been the

28  subject of a notice to produce. An agency may file an

29  objection to such additional demand and the trial court shall

30  hold a hearing as provided by paragraph (b). This statute

31  shall not be a basis for renewing requests that have been

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    File original & 9 copies    04/15/98
    hcjc004                     11:46 am         01330-cjcl-064823




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1330, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  initiated previously or for relitigating issues pertaining to

 2  production of public records upon which a court has ruled

 3  prior to the effective date of the statute, or for stopping an

 4  execution which has been scheduled based upon a warrant

 5  executed by the governor prior to the effective date of the

 6  Statute.

 7         (e)  If, on the date that this statute becomes

 8  effective, the defendant has had a 3.850 motion denied and no

 9  3.850 motion is pending, no additional requests shall be made

10  by CCRC or contracted private counsel until a death warrant is

11  signed by the governor and an execution is scheduled. Within

12  ten days of the signing of the death warrant, CCRC or

13  contracted private counsel may request of a person or agency

14  that the defendant has previously requested to produce records

15  any records previously requested to which no objection was

16  raised or sustained, but which the agency has received or

17  produced since the previous request or which for any reason

18  the agency has in its possession and did not produce within

19  ten days of the receipt of the previous notice or such shorter

20  time period ordered by the court to comply with the time for

21  the scheduled execution. The person or agency shall produce

22  the record or shall file in the trial court an affidavit

23  stating that it does not have the requested record or that the

24  record has been produced previously

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    File original & 9 copies    04/15/98
    hcjc004                     11:46 am         01330-cjcl-064823