HOUSE AMENDMENT

                                            Bill No. CS for SB 840

    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) Villalobos offered the following:

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13         Amendment 

14         On page 2, lines 4 through 5,

15  remove:  those lines

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17  and insert in lieu thereof:  presence of the jury that the

18  state is unable to show the existence of each element of the

19  crime, and having so found, further finds that the defendant's

20  confession or admission is trustworthy. Factors which may be

21  relevant in determining whether the state is unable to show

22  the existence of each element of the crime include, but are

23  not limited to, the fact that, at the time the crime was

24  committed, the victim was:

25         (a)  Physically helpless, mentally incapacitated, or

26  mentally defective, as those terms are defined in s. 794.011;

27         (b)  Physically incapacitated due to age, infirmity, or

28  any other cause; or

29         (c)  Less than 12 years of age.

30         (3)  Before the court admits the

31         (Redesignate subsequent subsection.)

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    File original & 9 copies    05/01/00
    hbd0001                     09:53 am         00840-0112-935119