HB1343 (2008) Detail

(New Title) prohibiting the placing on file or masking of convictions incurred by holders of commercial driver licenses or persons required to hold such licenses.


CHAPTER 149

HB 1343 – FINAL VERSION

05Mar2008… 0238h

2008 SESSION

08-2611

09/03

HOUSE BILL 1343

AN ACT prohibiting the placing on file or masking of convictions incurred by holders of commercial driver licenses or persons required to hold such licenses.

SPONSORS: Rep. R. Williams, Merr 11

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill removes the discretion of the courts to place on file, or otherwise mask, convictions incurred by holders of commercial driver licenses or persons required to hold such licenses.

This bill is a joint request of the department of transportation and the department of safety.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05Mar2008… 0238h

08-2611

09/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT prohibiting the placing on file or masking of convictions incurred by holders of commercial driver licenses or persons required to hold such licenses.

Be it Enacted by the Senate and House of Representatives in General Court convened:

149:1 New Section; Prohibition on Placing on File or Masking Convictions Incurred by Holders of Commercial Driver Licenses or Persons Required to Hold Such Licenses. Amend RSA 262 by inserting after section 42 the following new section:

262:42-a Prohibition on Placing on File or Masking Convictions Incurred by Holders of Commercial Driver Licenses or Persons Required to Hold Such Licenses. The court shall not place on file, mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent the conviction of a holder of a commercial driver license, or a person required to hold a commercial driver license, in any type of motor vehicle, of a state or local traffic control law, except a parking violation, from appearing on the driver’s record, whether the driver was convicted for an offense committed in the state where the driver is licensed or another state.

149:2 Effective Date. This act shall take effect January 1, 2009.

Approved; June 6, 2008

Effective Date: January 1, 2009