05 AM 29
0349
Representative
Bordeaux of the 162nd moves to amend the Committee substitute to HB 170 by
striking lines 21 through 26 of page 10 and inserting in lieu thereof the
following:
"(d)
Juvenile
adjudications.
An adjudication of delinquency in juvenile court shall be inadmissible against a
defendant in a criminal case. An adjudication of delinquency in juvenile court
shall be presumed to be inadmissible against a witness in a criminal case;
however, this presumption may be rebutted only if it is shown that:
(1)
The factual basis for the proven allegations of delinquency would have
constituted a crime under the laws of the state of the juvenile court if
committed by an adult at the time they were committed by the
juvenile:
(2)
The probative value of the evidence substantially outweighs the prejudicial
effect of its admission; and
(3)
The court finds that admission of the adjudication into evidence is necessary
for a fair determination of the issue of guilt or innocence of the
defendant."
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29 0349$$
ADOPTED
ADOPTED