House of Representatives

HB 2124

driving violations; classification

Sponsor: Representative Carpenter

x	Committee on Transportation
	Committee on Judiciary
	Caucus and COW
	As Passed the House

House Bill 2124 reduces the penalty for persons operating a vehicle on a suspended driver’s license from a class one misdemeanor to a civil traffic violation if the license suspension is due to the person’s failure to appear in court or pay for a citation.

History

Current statute specifies a class one misdemeanor as the penalty if a person drives a motor vehicle when the persons’ license is suspended, revoked, canceled, refused or disqualified regardless of the conviction or action that caused the suspension.

The proposed strike-everything amendment contains the following provisions:

· Allows the court to reduce the penalty for operating a motor vehicle when a person’s driving privilege is suspended from a class one misdemeanor to a civil traffic under the following conditions:

1. The license is under suspension for failure to appear in court or pay the fine for a traffic violation.

2. The person has not been convicted for driving on a suspended license within one-year before the current violation.

· Requires the court to deem the offense for operating a motor vehicle when a person’s driving privilege is suspended for failure to appear in court or pay the fine for a traffic violation as a civil traffic violation if the prosecuting attorney requests that the court designate the offense as a civil traffic violation prior to conviction.

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· 44th Legislature

· Second Regular Session 2 February 5, 2001

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