Text: S05291                            Text: S05293
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5292

Amendment Text

PAG LIN
  1  1    Amend House File 2163, as passed by the House, as
  1  2 follows:
  1  3    #1.  Page 1, by striking lines 27 though 29, and
  1  4 inserting the following:
  1  5    "(3)  That errors of law or mistakes of fact
  1  6 otherwise occurred in the legal process relating to
  1  7 the criminal charge under this chapter.
  1  8    c.  Notwithstanding paragraph "b", the department
  1  9 need not rescind the revocation unless the court in
  1 10 the criminal action also expressly holds that the
  1 11 action resulting in the finding in paragraph "b",
  1 12 subparagraph (1), (2), or (3), materially affected the
  1 13 substantial rights of the person, such that the
  1 14 administrative revocation should be rescinded.
  1 15    d.  Holdings by the court in the criminal action
  1 16 that meet the requirements of paragraphs "b" and "c"
  1 17 are binding on the department, and the department
  1 18 shall rescind the revocation."
  1 19    #2.  By renumbering as necessary.  
  1 20 
  1 21 
  1 22                               
  1 23 COMMITTEE ON JUDICIARY
  1 24 ANDY McKEAN, Chairperson
  1 25 HF 2163.304 77
  1 26 jls/cf/28
     

Text: S05291                            Text: S05293
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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