This amendment to House Bill No.

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

This amendment to House Bill No.

This amendment to House Bill No.

What This Bill Does

• This amendment to House Bill No.
• 89 clarifies that communications made as part of the Home Improvement Dispute Resolution Process may be admitted as evidence for limited purposes in the discretion of the court in subsequent civil litigation, and further clarifies that they may only be admitted in a criminal case where there is a prosecution for perjury or giving a false statement or where the statement is being introduced as a prior inconsistent statement of a testifying defendant that may be used for the limited purpose of impeaching the defendant's credibility if it has been disclosed to the defense in discovery.

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

This amendment to House Bill No. 89 clarifies that communications made as part of the Home Improvement Dispute Resolution Process may be admitted as evidence for limited purposes in the discretion of the court in subsequent civil litigation, and further clarifies that they may only be admitted in a criminal case where there is a prosecution for perjury or giving a false statement or where the statement is being introduced as a prior inconsistent statement of a testifying defendant that may be used for the limited purpose of impeaching the defendant's credibility if it has been disclosed to the defense in discovery.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Morrison

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 89

AMEND House Bill No. 89 on line 79 by inserting "

civil

" after "

subsequent

" and before "

litigation

" therein.

FURTHER AMEND House Bill No. 89 by inserting the following after line 84 and before line 85 and redesignating accordingly:

"

(c) No statement or other information compelled under the Home Improvement Dispute Resolution Process, or any information directly or indirectly derived from such statement or other information compelled, may be used against the contractor in any criminal case, except as follows:

(1) The statement or information is introduced as evidence in a prosecution for perjury or giving a false statement.

(2) The statement or information is introduced as a prior inconsistent statement of a testifying defendant that may be used for the limited purpose of impeaching the defendant’s credibility subsequent to the State’s case-in-chief, if it has been disclosed to the defense in discovery.

".

SYNOPSIS

This amendment to House Bill No. 89 clarifies that communications made as part of the Home Improvement Dispute Resolution Process may be admitted as evidence for limited purposes in the discretion of the court in subsequent civil litigation, and further clarifies that they may only be admitted in a criminal case where there is a prosecution for perjury or giving a false statement or where the statement is being introduced as a prior inconsistent statement of a testifying defendant that may be used for the limited purpose of impeaching the defendant's credibility if it has been disclosed to the defense in discovery.