HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Turnbull, Chestnut, and Heyman offered the

12  following:

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14         Amendment (with title amendment) 

15         On page 13, between lines 26 & 27,

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17  insert:  (f)  After considering the provisions of

18  subparagraphs (2)(a) 1-3, and (3)(a) 1-3, the state attorney

19  shall not seek to impose the minimum mandatory prison terms

20  required by this act if any of the following circumstances

21  exist:

22         1.  The defendant has never previously been arrested,

23  or his or her involvement in the charge is remote; or

24         2.  The defendant was not in actual possession of a

25  firearm or destructive device.

26         3.  The prosecuting attorney does not have sufficient

27  evidence to prove the highest charge available;

28         4.  The testimony of a material witness cannot be

29  obtained;

30         5.  the victim does not want the offender to receive

31  the mandatory prison sentence and provides a written statement

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    File original & 9 copies    03/03/99
    hmo0008                     02:57 pm         00113-0009-375967




                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  to that effect;

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 4  ================ T I T L E   A M E N D M E N T ===============

 5  And the title is amended as follows:

 6         On page 4, line 13,

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 8  after the semicolon insert:

 9         providing exceptions to the imposition of the

10         minimum mandatory.

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    File original & 9 copies    03/03/99
    hmo0008                     02:57 pm         00113-0009-375967