01RS SB79

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SB79

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SB 79/LM/CI (BR 976) - G. Neal

     AN ACT relating to crimes and punishments and declaring an emergency.
     Create a new section of KRS Chapter 524 to specify how items of evidence which may be subject to DNA examination may be disposed of; prohibit disposal in any other manner as a Class B felony. EMERGENCY

SB 79 - AMENDMENTS


     SCS/LM/CI - Retain original provisions; clarify definition of "following trial" as time after first appeal; clarify circumstances in which DNA evidence may be disposed of prior to trial; define those circumstances in which DNA evidence may be disposed of following trial; define the burden of proof in motion to dispose of DNA evidence and to place that burden upon the moving party; change the penalty and provide that destruction of DNA evidence in violation of this section is a violation of KRS 524.100.
     SFA (1, G. Neal) - Amend to permit the destruction of DNA evidence no sooner than 3 years after the conclusion of the first appeal in a criminal case or the lapsing of the time for the first appeal.
     HCS/LM/CI - Retain provisions of the bill; limit application of the bill to situations where the criminal defendant has been charged with a capital offense, Class A felony, Class B felony, or Class C felony, or a Class D felony under KRS Chapter 510.
     HFA (1, J. Fischer) - Add a new section amending KRS 507.010 to include unborn child within the definition of person for purposes of the criminal homicide statutes.

     Feb 6-introduced in Senate
     Feb 8-to Judiciary (S)
     Feb 23-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 26-2nd reading, to Rules
     Feb 27-floor amendment (1) filed to Committee Substitute
     Feb 28-posted for passage in the Regular Orders of the Day for Thursday, March 1, 2001
     Mar 1-3rd reading; floor amendment (1) withdrawn ; passed 35-0 with Committee Substitute
     Mar 2-received in House
     Mar 5-to Judiciary (H); posting waived; posted in committee
     Mar 7-reported favorably, 1st reading, to Calendar with Committee Substitute ; floor amendment (1) filed to Committee Substitute
     Mar 8-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 9, 2001


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