SB 276-1_ Filed 01/22/2009, 10:47 Young R Michael

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 276 be amended to read as follows:

SOURCE: Page 2, line 10; (09)MO027601.2. -->     Page 2, line 10, delete ":".
    Page 2, strike lines 11 through 16.
    Page 2, line 17, strike "(2)".
    Page 2, line 17, delete ";".
    Page 2, strike line 26.
    Page 2, line 27, strike "amendment as provided in subsection (b),".
    Page 2, line 27, strike "the court".
    Page 2, strike lines 28 through 31.
    Page 2, line 32, strike "opportunity to prepare".
    Page 2, line 32, delete "the defendant's".
    Page 2, line 32, strike "defense.".
    Page 2, line 33, strike "(e)" and insert " (d)".
    Page 2, after line 39, begin a new paragraph and insert:
    " (e) Before amendment of any indictment or information other than amendment as provided in subsection (b), the court shall give all parties adequate notice of the intended amendment and an opportunity to be heard. If the court permits an amendment, the court shall, upon motion by the defendant, order any continuance of the proceedings that may be necessary to accord the defendant adequate opportunity to prepare a defense.".
    (Reference is to SB 276 as printed January 15, 2009.)

________________________________________

Senator YOUNG R MICHAEL


MO027601/DI 106
2009