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  Section 524.012(e), Transportation Code, is repealed.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.