SENATE MOTION


MR. PRESIDENT:

    I move
that Engrossed House Bill 1260 be amended to read as follows:

SOURCE: Page 1, line 11; (03)MO126003.1. -->     Page 1, line 11, delete "withhold" and insert " enter".
    Page 1, line 11, after "conviction" insert " as a Class D felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor within three (3) years if the person fulfills certain conditions.".
    Page 1, line 12, delete "for not more than three (3) years for a person who" and insert " A court may enter a judgment of conviction as a Class D felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor only if the person".
    Page 1, line 14, after "IC 35-50-2-7" insert " ,".
    Page 1, line 14, delete "if" and insert " and".
    Page 2, delete lines 1 through 4.
    Page 2, line 5, delete "(c)" and insert " (b)".
    Page 2, line 5, delete "withheld" and insert " entered".
    Page 2, line 9, delete "(d)" and insert " (c)".
    Page 2, line 9, delete "court," and insert " court is not required to convert a judgment of conviction entered as a Class D felony to a Class A misdemeanor if,".
    Page 2, line 9, delete "may enter judgment of conviction" and insert " the court finds:".
    Page 2, delete line 10.
    Page 2, line 11, delete "violates" and insert " has violated".
    Page 2, between lines 15 and 16, begin a new line blocked left and insert:
" However, the court may not convert a judgment of conviction entered as a Class D felony to a Class A misdemeanor if the person commits a new offense before the conditions set by the court under subsection (a) expire.".
    Page 2, line 16, delete "(e)" and insert " (d)".
    Page 2, delete lines 19 through 24, begin a new paragraph and insert:
    " (e) The entry of a judgment of conviction under this section does not affect the application of any statute requiring the suspension of a person's driving privileges.".
    Page 2, line 25, delete "(h)" and insert " (f)".
    (Reference is to EHB 1260 as printed March 28, 2003.)

________________________________________

Senator LONG


MO126003/DI 106     2003