HB4575 HFA COWLES 3-12

Delegate Cowles moves to concur with further amendment on page two, section one, line twenty-six, by striking out subsection (g) and inserting in lieu thereof a new subsection (g) to read as follows:

“(g) ‘Knowing’ means actual knowledge. For purposes of this article, a person may be considered to have actual knowledge even though the belief is based upon or results from a law enforcement officer or a person acting at the direction of a law-enforcement officer, and regardless of whether the law-enforcement officer or person acting at the law-enforcement officer's direction discloses the person's status as a law-enforcement officer or that the person is acting at the direction of a law-enforcement officer.”;

On page four, section four, line two, by striking out the words “upon a conviction”;

And,

On page four, section four, line five, following the word “code” by inserting a colon and a proviso to read as follows:

“Provided, That in any forfeiture proceeding pursuant to this section, the burden of proof shall be by clear and convincing evidence.”