Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 17-25-65 of the 1976 Code, as added by Act 273 of 2010, is amended to read:
(A) Upon the state's motion made
within one year of sentencing, the court may reduce a sentence
including, in its discretion, reducing a sentence below the
minimum term of imprisonment provided by law if the
, after sentencing, provided:
(1) substantial assistance in investigating or prosecuting another person; or
(2) aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed.
(B) Upon the state's motion made more than one year after sentencing, the court, in its discretion, may reduce a sentence as provided in subsection (A) if the defendant's substantial assistance involved:
(1) information not known to the defendant until one year or more after sentencing;
(2) information provided by the defendant to the State within one year of sentencing, but which did not become useful to the State until more than one year after sentencing;
(3) information, the usefulness of which could not reasonably have been anticipated by the defendant until more than one year after sentencing, and which was promptly provided to the State after its usefulness was reasonably apparent to the defendant; or
(4) aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed.
(C) A motion made pursuant to this provision
shall must be
filed by that the Attorney General or
the circuit solicitor in the county where the defendant's
case arose. The State shall send a copy to the chief judge of
the circuit within five days of filing. The chief judge or a
circuit court judge currently assigned to that county
shall have has jurisdiction to hear and
resolve the motion. Jurisdiction to resolve the motion is not
limited to the original sentencing judge."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.