FIFTIETH LEGISLATURE

FIRST SESSION

March 18, 2011

Mr. President:

    Your CONFERENCE COMMITTEE, to whom has been referred

SENATE BILL 365, as amended

has had it under consideration and reports same with the following recommendation:

    1. The following Senate Judiciary Committee amendments be DISAPPROVED:

         Nos. 1, 2, 3 and 4.

    2. Senate Finance Committee Amendment No. 1 be APPROVED.

    3. All items of Senate Floor Amendment number 1 be DISAPPROVED.

    4. All items of Senate Floor Amendment number 2 be DISAPPROVED.

    5. House Judiciary Committee Amendment No. 1 be APPROVED.

and that the bill be amended further as follows:

    6. On page 1, line 12, before the period, insert "; REQUIRING CERTAIN CONDITIONS BEFORE A DNA SAMPLE IS ANALYZED".

    7. On page 2, line 3, after the period, insert the following:

    "A sample shall not be analyzed and shall be destroyed unless one of the following conditions has been met:

             (1) the arrest was made upon an arrest warrant for a felony;

             (2) the defendant has appeared before a judge or magistrate who made a finding that there was probable cause for the arrest; or

             (3) the defendant posted bond or was released prior to appearing before a judge or magistrate and then failed to appear for a scheduled hearing.".

                               Respectfully submitted,

                               _____________________________

                               Vernon D. Asbill

                               _____________________________

                               Peter Wirth

                               _____________________________

                               John M. Sapien

Adopted____________________ Not Adopted_____________________

          (Chief Clerk) (Chief Clerk)

                  Date ______________