February 25, 2003

Madam President:

Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 2, line 4, strike the period and insert in lieu thereof "; provided that:

(1) the motor vehicle is not moving;

(2) the motor vehicle is not parked on a street or highway;

(3) the person in the motor vehicle has not exhibited behavior that suggests an intent to elude detection; and

(4) there is no evidence that the person has been involved in a motor vehicle accident involving intoxicating

liquor.".

2. On page 9, lines 6 and 7, remove the brackets and line- through in their entirety.

3. On page 9, line 25, strike the period and closing quotation mark and insert in lieu thereof "; provided that:

(1) the motor vehicle is not moving;

(2) the motor vehicle is not parked on a street or highway;

(3) the person in the motor vehicle has not exhibited behavior that suggests an intent to elude detection; and

(4) there is no evidence that the person has been involved in a motor vehicle accident involving intoxicating liquor."".,

and thence referred to the JUDICIARY COMMITTEE.

Respectfully submitted,

__________________________________

Dede Feldman, Chairman

Adopted_______________________ Not Adopted_______________________

(Chief Clerk) (Chief Clerk)

Date ________________________

The roll call vote was 7 For 0 Against

Yes: 7

No: 0

Excused: Garcia, Sanchez, M.

Absent: None

S0099PA1 .146216.2