HOUSE BILL REPORT

                  HB 1930

                       As Passed House

                      January 19, 1994

Title:  An act relating to the disposition of traffic infractions.

Brief Description:  Restricting consideration of old traffic tickets.

Sponsors:  Representatives Schmidt and Zellinsky.

Brief History:

  Reported by House Committee on:

Financial Institutions & Insurance, February 24, 1993, DP;

  Passed House, March 9, 1993, 98-0;

  Passed House, January 19, 1994, 95-0.

HOUSE COMMITTEE ON FINANCIAL INSTITUTIONS & INSURANCE

Majority Report:  Do pass.  Signed by 15 members:  Representatives Zellinsky, Chair; Scott, Vice Chair; Mielke, Ranking Minority Member; Dyer, Assistant Ranking Minority Member; Anderson; Dellwo; Dorn; Grant; R. Johnson; Kessler; Kremen; Lemmon; R. Meyers; Reams; and Tate.

Staff:  Charlie Gavigan (786-7340).

Background:  Local prosecutors obtain driving records for contested traffic infraction hearings.  In some instances, state law requires the consideration of the full five year record of the driver for determination of the disposition of a violation of the Motor Vehicle Code.  The requirement that the full driving record be considered is found only in violations of the Motor Vehicle Code that carry criminal penalties.  For example, the full five year record maintained by the Department of Licensing must be used for sentencing in driving while intoxicated.

Summary of Bill:  For the purpose of disposition of traffic infractions only, a judge may not consider the defendant's driving record beyond the most recent three year period immediately preceding the date of infraction.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  None.

Testimony Against:  None.

Witnesses:  None.