Rep. STAVRINAKIS proposes the following Amendment No. 5 to S. 20 (COUNCIL\MS\7424AHB11):

Reference is to Printer's Date 5/18/11-H.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION after SECTION 5, page 8, after line 35, to read:

/ SECTION      __.      Chapter 13, Title 17 of the 1976 Code is amended by adding:

     "Section 17-13-35.      Notwithstanding another provision of law, when the State seeks to prove an exception to the requirement of a warrant for search or seizure, the standard of proof regarding whether an exception to the warrant requirement exists must be by clear and convincing evidence." /

Renumber sections to conform.
Amend title to conform.