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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 874

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Forman moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 25, between lines 21 and 22,

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16  insert:

17         (3)  In any civil action, a defendant who, at the time

18  he or she caused the injury or death of a person, was under

19  the influence of any alcoholic beverage or drug to the extent

20  that the defendant's normal faculties were impaired, or who

21  had a blood or breath alcohol level of 0.08 percent or higher,

22  and, as a result of the influence of such alcoholic beverage

23  or drug, was more than 50 percent at fault for such person's

24  harm, then the defendant shall be deemed to have waived any

25  and all defenses such defendant would otherwise have been

26  entitled to raise in the action.

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29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31         On page 3, line 17, after the semicolon,

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    11:34 AM   04/07/98                             s0874c1c-32j01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 874

    Amendment No.    





 1  insert:

 2         providing for a waiver of defenses by a

 3         defendant who was more than a specified

 4         percentage at fault due to the influence of any

 5         alcoholic beverage or drug;

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    11:34 AM   04/07/98                             s0874c1c-32j01