HOUSE BILL ANALYSIS

                  HB 1083

Title:  An act relating to use of department of licensing records in criminal prosecutions.

Brief Description:  Authorizing use of department of licensing records in criminal prosecutions.

Sponsors:  Representatives McDonald, Sheahan and Mielke.

HOUSE COMMITTEE ON LAW & JUSTICE

Staff:  Bill Perry (786-7123).

Background:  The Department of Licensing (DOL) is required to keep various records relating to drivers' licenses.  Generally, the DOL is to keep a case record for each driver in the state of each traffic offense committed and a cross-referenced case record of each accident in which the driver is involved, including a brief statement of the cause of the accident.

These case records are generally confidential.  They are to be available for the confidential use of the DOL, the State Patrol, the Traffic Safety Commission, and police officers as authorized by law.  The DOL uses the case records for determining when "in the best interest of public safety" a driver's license should be suspended or revoked.  The case records may not be offered as evidence in court, except as part of an appeal from a DOL suspension or revocation of a driver's license.

Summary of Bill:  The DOL case records of a driver's history may be introduced as evidence in court to prove an element of a criminal charge.

Fiscal Note:  Not requested.

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

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