SB 218-1_ Filed 02/16/2005, 13:08

COMMITTEE REPORT

MADAM PRESIDENT:

    The Senate Committee on Corrections, Criminal, and Civil Matters, to which was referred Senate Bill No. 218, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 1, line 7; (05)CR021801.1. -->     Page 1, line 7, after "damages" delete ";" and insert " for injury to a person;".
    Page 1, line 12, delete " (b)(2)" and insert " (b)(1)".
    Page 1, line 14, after "with" insert " section 2 of".
    Page 1, line 15, after "with" insert " section 2 of".
    Page 1, after line 17, begin a new paragraph and insert:
    " (d) The defendant in an action described in subsection (b)(2) has the burden of proving:
        (1) noncompliance with this chapter;

        (2) that compliance with this chapter would have reduced injuries; and
        (3) the extent of the reduction.
".
    (Reference is to SB 218 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 6, Nays 5.

____________________________________

    Long
Chairperson


CR021801/DI 106    2005