HB2088 S JUD AMT #1 3-3

Goins  7888

The Committee on Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for House Bill 2088—A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931, as amended, relating to admissibility of certain evidence in a civil action for damages; amending the definition of passenger vehicle; and; providing that evidence of a safety belt violation may be admitted as to the causal relationship between the violation and the injuries or death alleged if certain conditions are satisfied; establishing the defenses related to the safety belt violation be raised timely; giving the defendant the burden of proving a safety belt violation, that use of the seatbelt would have reduced injuries or prevented death, the extent of the reduction of injuries, and, except with respect to ejection from the vehicle, requires the support of expert testimony; providing for a hearing related to evidence; and establishing that any finding by the court is limited to the admissibility of evidence.

Adopted

Rejected