Amendment No. 140

Assembly Amendment to Assembly Bill No. 308 (BDR 16-959)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 1, line 3, by deleting "each" and inserting "any".

Amend section 1, page 1, by deleting lines 4 through 7 and inserting:

"person who is on the property or entering the property of an institution and any vehicle, property or goods of the person that is on the property of the institution".

Amend section 1, page 1, line 9, after "substance." by inserting:

"The program may provide that the selection of the persons or items to be sniffed may be made on a random basis or based on reasonable suspicion or probable cause to believe that the person possesses a controlled substance.".

Amend section 1, page 1, line 10, after "2." by inserting:

"If the person handling the trained dog as part of the program established pursuant to subsection 1 reasonably interprets the action of the dog as an indication that a controlled substance may be present, a peace officer may conduct an appropriate search of the person, vehicle, property or goods to determine whether a controlled substance is present.

3.".

Amend the title of the bill by deleting the second line and inserting:

"dogs to sniff certain persons on the property or entering the property of an institution and other items that such persons bring onto the property of an institution to detect the presence of a".

Amend the summary of the bill to read as follows:

"SUMMARY—Requires department of prisons to establish program to use dogs to detect presence of controlled substances. (BDR 16-959)".