AEZ C.S.H.B. 2429 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE C.S.H.B. 2429 By: Pickett 5-1-97 Committee Report (Substituted) BACKGROUND The House Committee on Criminal Jurisprudence conducted an interim study on certain procedures for administrative and criminal proceedings held in connection with alcohol-related offenses. The committee found that there were several issues under current law that needed to be addressed. PURPOSE CSHB 2429 would simplify the procedures for the Department of Public Safety to process DWI cases. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1.Amends Section 524.015, Transportation Code, by changing the caption to read Relationship of Administrative Proceeding to Criminal Proceeding and by stating that the determination of the Department and the Administrative law judge is a civil matter; is independent in the adjudication of a criminal charge arising from the occurrence that is the basis for the suspension or denial; and does not preclude litigation of the same or similar facts in a criminal prosecution. SECTION 2.Amends Chapter 524, Transportation Code, by adding Section 524.0321 Discovery to require the department to provide the defendant with all documents which it seeks to introduce at hearing, no later than five days prior to the hearing. Any document not produced within this time frame would be subject to suppression by the administrative law judge. Alternatively, the judge could grant a continuance. No other discovery sanction would be permitted SECTION 3.Amends Section 524.041(e) to allow the Department to use in-house counsel on appeals. SECTION 4.Amends Section 724.015, Transportation Code, Information Provided by Officer Before Requesting Specimen by adding subsection (b) that on request by the arrested person after the officer has complied with subsection (a) the officer may explain the information required or provide additional information about the consequences of submitting or refusing to take a specimen. Subsection (c) is added that makes evidence of a refusal to submit to the taking of a specimen or of the analysis of the specimen is made admissible if the officer complies with this section. SECTION 5. Section 524.012(e), Transportation Code, is repealed. SECTION 6. Effective Date: September 1, 1997. The change in law made by this Act applies only to an offense and to procedures for the suspension of a driver's license in connection with an offense committed on or after September 1, 1997. SECTION 7. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill amended Section 49.03 (a), Penal Code, by deleting the need of a peace officer to observe a person consuming an alcoholic beverage while operating a motor vehicle in a public place for an DWI offense to occur. The substitute does not amend the Penal Code. The original bill amended Section 724.035(a), Transportation Code, to suspend the license for 120 days if a person refuses the request of a peace officer to submit to the taking of a specimen. The substitute allowed the Department to issue an order denying the issuance of a license to the person for 120 days if the person is 21 years of age or older or one year if the person is younger than 21 years of age. The substitute did not amend that Section. The original bill amended Section 724.015(a)(A) by raising the time from 90 days to 120 days for suspension of license for refusing to submit to the taking of a specimen. The substitute did not change the 90 day suspension.