Senate Bill sb2762c1

    Florida Senate - 2004                           CS for SB 2762

    By the Committee on Criminal Justice; and Senator Smith





    307-2657-04

  1                      A bill to be entitled

  2         An act relating to driving under the influence;

  3         amending s. 316.193, F.S.; providing that a

  4         previous conviction for the offense of driving

  5         under the influence is sufficient evidence to

  6         establish such conviction; providing that such

  7         evidence may be rebutted or contradicted;

  8         providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsection (12) is added to section

13  316.193, Florida Statutes, to read:

14         316.193  Driving under the influence; penalties.--

15         (12)  If the records of the Department of Highway

16  Safety and Motor Vehicles show that the defendant has been

17  previously convicted of the offense of driving under the

18  influence, that evidence is sufficient by itself to establish

19  that prior conviction for driving under the influence.

20  However, such evidence may be contradicted or rebutted by

21  other evidence. This presumption may be considered along with

22  any other evidence presented in deciding whether the defendant

23  has been previously convicted of the offense of driving under

24  the influence.

25         Section 2.  This act shall take effect July 1, 2004.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2762
    307-2657-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2762

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 4  1.   Authorizes records from the Department of Highway Safety
         and Motor Vehicles, relating to prior convictions for
 5       driving under the influence, to be sufficient by
         themselves to establish previous convictions.
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    2.   Clarifies that this presumption may be presented along
 7       with other evidence to establish prior DUI convictions.

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CODING: Words stricken are deletions; words underlined are additions.