SPONSOR:

Rep. Valihura

HOUSE OF REPRESENTATIVES

144th GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 2

TO

HOUSE BILL NO. 240

AMEND House Bill No. 240 by striking line 277 thereof and by substituting in lieu thereof the phrase “admission of guilt for an offense or violation or an admission of”.

FURTHER AMEND House Bill No. 240 by striking from line 400 the phrase “an infraction” and by substituting in lieu thereof the phrase “an infraction or infractions”.

FURTHER AMEND House Bill No. 240 by striking from line 402 the phrase “civil assessment” and by substituting in lieu thereof the phrase “civil assessment, surcharges,”.

FURTHER AMEND House Bill No. 240 by striking from line 404 the phrase “civil infraction” and by substituting in lieu thereof the phrase “civil infraction, crime or offense”.

FURTHER AMEND House Bill No. 240 by striking from line 405 the phrase “civil infraction” and by substituting in lieu thereof the phrase “or civil infractions”.

FURTHER AMEND House Bill No. 240 by striking from line 407 the phrase “five (5)” and by substituting in lieu thereof the phrase “three (3)”.

FURTHER AMEND House Bill No. 240 by striking from lines 468 through 472 the phrase “a preponderance of the evidence” as it appears each time therein and by substituting in lieu thereof the phrase “clear and convincing evidence”.

FURTHER AMEND House Bill No. 240 by striking lines 608 through 611 therefrom, by striking lines 690 through 694 therefrom, and by striking lines 936 through 940 therefrom.

SYNOPSIS

This Amendment first removes language that would have affected the admissibility of adjudications in subsequent civil proceedings.

The Amendment also changes the burden of proof in civil infraction cases to a burden of clear and convincing evidence.

Lastly, the Amendment allows a driver to seek a deferral finding every three years instead of every five years.