HBA-KDB C.S.H.B. 2387 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2387 By: Dunnam Criminal Jurisprudence 4/18/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, in a hearing for suspension or denial of a driver's license because of a person's refusal to give a specimen, the determination of the Department of Public Safety or an administrative law judge is independent of and is not an estoppel as to any matter in issue in an 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. However, for the purpose of relieving parties of the cost, conserving judicial resources, and preventing inconsistent decisions, the collateral estoppel doctrine, which is an affirmative defense barring a party from re-litigating an issue determined against that party in an earlier action even if the second action differs significantly from the earlier one, may need to be restored. C.S.H.B. 2387 restores the collateral estoppel doctrine in relation to a hearing for suspension or denial of a driver's license because of a person's refusal to give a specimen. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2387 amends the Transportation Code to add the issue of whether the person's alcohol concentration of .08 was reliably established to the list of issues that must be proved at a hearing by the preponderance of the evidence. The bill requires a copy of any audio or video recording made at the scene of the arrest to be submitted to the attorneys for the Department of Public Safety and the prosecuting agency not later than the fifth day after the date of the person's arrest. The bill includes any software used and other technical data in the possession of the state to the full information concerning the analysis of a specimen requested by a peace officer that is required to be made available to a person who has given the specimen or the person's attorney. The bill repeals the provision relating to the relationship of an administrative proceeding to a criminal proceeding. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2387 modifies the original bill by removing the provision that the Texas Rules of Appellate Procedure govern an appeal from a decision to suspend a driver's license for failure to pass a test for intoxication. The substitute requires a copy of any audio or video recording made at the scene of the arrest to be submitted to the attorneys for the Department of Public Safety and the prosecuting agency not later than the fifth day after the person's arrest. The original required such a copy to be promptly submitted to the prosecuting agency.