AMENDMENT 352
Amendment: Section 4A1.2(a)(3) is amended by inserting "or execution" immediately following "imposition".
Section 4A1.2(c)(1) is amended by inserting in the appropriate place by alphabetical order:
"Careless or reckless driving",
"Insufficient funds check".
Section 4A1.2(c)(1) is amended by inserting "(excluding local ordinance violations that are also criminal offenses under state law)" immediately following "Local ordinance violations".
Section 4A1.2(c)(2) is amended by inserting "(e.g., speeding)" immediately following "minor traffic infractions".
The Commentary to §4A1.2 captioned "Application Notes" is amended by inserting the following additional notes:
"12. Local ordinance violations. A number of local jurisdictions have enacted ordinances covering certain offenses (e.g., larceny and assault misdemeanors) that are also violations of state criminal law. This enables a local court (e.g., a municipal court) to exercise jurisdiction over such offenses. Such offenses are excluded from the definition of local ordinance violations in §4A1.2(c)(1) and, therefore, sentences for such offenses are to be treated as if the defendant had been convicted under state law.
13. Insufficient funds check. ‘Insufficient funds check,’ as used in §4A1.2(c)(1), does not include any conviction establishing that the defendant used a false name or non-existent account.".
Reason for Amendment: This amendment clarifies that, for the purpose of computing criminal history points, there is no difference between the suspension of the "imposition" and "execution" of a prior sentence. This amendment also makes the provisions of §4A1.2(c)(1) more comprehensive in respect to certain vehicular offenses and clarifies the application of §4A1.2(c)(1) in respect to certain offenses prosecuted in municipal courts. In addition, this amendment expands the coverage of §4A1.2(c)(1) to include a misdemeanor or petty offense conviction for an insufficient funds check.
Effective Date: The effective date of this amendment is November 1, 1990.