Revision: March 2, 2022, 2:04 p.m.
Rep. Telerski, Hills. 35
February 4, 2022
2022-0508h
05/04
Amendment to HB 1239-FN
Amend the bill by replacing section 1 with the following:
1 Habitual Offender Certification. Amend RSA 262:19, I to read as follows:
I. When the director determines that any person is an habitual offender within the meaning of RSA 259:39, [he] the director shall issue an order requiring that person to appear for a hearing to show cause why he or she should not be barred from driving a motor vehicle upon the ways of this state. The show cause [order] hearing shall incorporate a certified transcript or abstract of the person's conviction record, which shall be prima facie evidence that the person named therein was duly convicted, by the court in which such conviction or holding was made, of each offense shown by such transcript or abstract. If any person shall deny any of the facts stated in the transcript or abstract, he or she shall have the burden of proving that such is untrue. For the purposes of this chapter, a plea of nolo contendere shown on such transcript or abstract shall not make the same inadmissible. The department shall send notice for the show cause hearing by first class mail to the address of record with the division of motor vehicles. A person who fails to appear for the show cause hearing shall be defaulted and certified as an habitual offender, effective 30 days from the date of the hearing. The default order shall be served in-hand.