04/06/2011 01:30 PM Senate JUDICIARY

                SB  30-RETURN OF SEIZED PROPERTY                                                                            
                                                                                                                                
1:36:53 PM                                                                                                                    
CHAIR FRENCH  announced the consideration  of SB 30  and withdrew                                                               
his  objection   to  the  adoption  of   the  proposed  committee                                                               
substitute (CS).  He noted  that his objection  had been  for the                                                               
purpose of an  explanation which was heard.  Therefore, version E                                                               
was before  the committee.  He asked  for a  motion to  adopt the                                                               
proposed Amendment 1.                                                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI moved  to  adopt Amendment  1, labeled  27-                                                               
LS0344\E.1.                                                                                                                     
                                                                                                                                
CHAIR FRENCH objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR FRED DYSON,  sponsor of SB 30, said he  believes the bill                                                               
has been improved.                                                                                                              
                                                                                                                                
CHARLES  KOPP,  staff  to  Senator   Dyson,  explained  that  the                                                               
amendment requires  the party that  objects to the return  of the                                                               
property to  prove by  a preponderance of  the evidence  that the                                                               
law enforcement  agency must retain it  for evidentiary purposes.                                                               
Both he and the sponsor support the amendment.                                                                                  
                                                                                                                                
CHAIR  FRENCH said  he  understands that  the  Department of  Law                                                               
(DOL)  and the  Public Defender  also support  the amendment.  He                                                               
removed  his  objection  and  announced   that  Amendment  1  was                                                               
adopted.                                                                                                                        
                                                                                                                                
1:38:52 PM                                                                                                                    
SENATOR WIELECHOWSKI moved  to report CS for SB 33,  version E as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached  fiscal   note(s).  There   being  no   objection,  CSSB
(2dJUD) moved from the Senate Judiciary Standing Committee.