Legislature(1993 - 1994)
1993-03-08 Senate Journal
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Full Journal pdf1993-03-08 Senate Journal Page 0662 SB 19 (3) as to an individual defendant, when (A) the defendant abandons the agreement by advising the persons with whom the defendant agreed of the defendant's abandonment; or (B) the defendant informs law enforcement authorities of the existence of the conspiracy and of the defendant's participation in it. (b) For purposes of (a)(2) of this section, abandonment of an agreement is rebuttably presumed if neither the defendant nor anyone with whom the defendant conspired does an overt act in furtherance of the conspiracy during the applicable period of limitations." Senator Little moved for the adoption of Amendment No. 2. Senator Taylor objected. Senator Little moved and asked unanimous consent that Amendment No. 2 be withdrawn. Without objection, it was so ordered. Senator Little offered Amendment No. 3 : Page 2, following line 17: Insert a new subsection to read: "(e) In a prosecution under this section, it is an affirmative defense that, in order to obtain evidence of the commission of a conspiracy, a public law enforcement official or a person working in cooperation with the official agreed with the defendant to engage in or cause the performance of the offense, and the defendant and the law enforcement official or person working in cooperation with the official were the only persons who conspired to commit the offense." Reletter the following subsections accordingly.