STATEMENT TO

[Second Reprint]

ASSEMBLY, No. 932

with Assembly Floor Amendments

(Proposed By Assemblyman KRAMER and Assemblywoman WRIGHT)

ADOPTED: JANUARY 29, 1997

      The purpose of these Assembly amendments is to clarify the types of out-of-state drunk driving violations that the courts may treat as prior convictions when sentencing a New Jersey licensee for a drunk driving offense.

      The amendments specify that the courts are to treat any out-of-state drunk driving violation as a prior conviction unless the defendant can demonstrate, "by clear and convincing evidence," that the out-of-state conviction was based exclusively upon a blood alcohol concentration of less than .10%.