COMMITTEE ON JUDICIARY
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2540
(Reference to printed bill)
Page 1, line 39, strike "felony" insert "misdemeanor"
Page 2, between lines 26 and 27, insert:
"F. Notwithstanding subsection B, paragraph 1 of this section and until the court actually enters an order designating an offense as a felony or misdemeanor, the offense shall be treated as a felony conviction for all of the following purposes:
1. Placing the defendant on felony probation pursuant to chapter 9 of this title, including for the purposes of title 31, chapter 3, article 4.1.
2. Collecting DNA pursuant to section 13-610.
3. Determining the defendant's right to possess a firearm pursuant to chapter 31 of this title.
4. Being used as a historical prior felony conviction.
5. Being admissible for impeachment purposes in a subsequent trial.
6. Being used to enhance the sentence pursuant to chapter 7 of this title.
G. The court shall designate an undesignated offense as a misdemeanor on the defendant's successful fulfillment of the conditions of probation and discharge by the court. The defendant successfully fulfills the conditions of probation if, in the discretion of the court, the defendant has satisfied the conditions of probation. This subsection applies to a defendant who owes any outstanding monetary obligation unless the defendant owes victim restitution or has wilfully failed to pay the monetary obligation."
Reletter to conform
Amend title to conform