HOUSE AMENDMENT

                                                Bill No. CS/HB 1-A

    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) Levine, Heyman, Bloom, Bullard, Kosmas and

12  Turnbull offered the following:

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14         Amendment (with title amendment) 

15         On page 35, between lines 20 and 21 of the bill

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17  insert:

18         Section 19.  A second or successive motion shall be

19  denied if the judge finds that it fails to allege new or

20  different grounds for relief and the prior determination was

21  on the merits or, if new and different grounds are alleged,

22  the court finds that the failure of the movant or the attorney

23  to assert those grounds in a prior motion constitutes an abuse

24  of the procedure governed by these rules.  The facts

25  underlying any second or successive motion must have been

26  unknown to the movant or the attorney and must not have been

27  ascertainable through the exercise of due diligence, or the

28  fundamental constitutional right asserted in the second or

29  successive motion has been newly announced and has been held

30  to apply retroactively.  In a second or successive motion, the

31  movant or the attorney must allege that (1) the facts

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    File original & 9 copies    01/06/00
    hmo0008                     07:50 am         A0001-0089-401227




                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 1-A

    Amendment No.     (for drafter's use only)





 1  underlying the claim, if proven and viewed in light of the

 2  evidence as a whole, is of such a nature that it would

 3  probably result in an acquittal on retrial due to the

 4  defendant's innocence of the underlying offense, (2) the facts

 5  underlying the claim, if proven and viewed in light of the

 6  evidence as a whole, are of such a nature that they would

 7  probably result in the imposition of a different sentence, or

 8  (3) that the fundamental fairness of the original proceedings

 9  has been so compromised in light of the newly asserted facts

10  that the ends of justice require that a new trial or

11  sentencing proceeding be ordered.  The time period for filing

12  a second or successive motion shall be 60 days from the

13  discovery of the new or different grounds as alleged in the

14  motion, or from the announcement of a newly announced

15  fundamental constitutional right that has been held to apply

16  retroactively.

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

20  And the title is amended as follows:

21         On page 2, line 27,

22  remove from the title of the bill:  all of said lines

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24  and insert in lieu thereof:

25         inmates' counsel; providing provisions for a

26         successive motion; providing for severability;

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    File original & 9 copies    01/06/00
    hmo0008                     07:50 am         A0001-0089-401227