House Judiciary Committee Part 2
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Representative David "Bubba" Powers
Unverified
0:00
Chairman Williams, you are recognized to present concurrent Senate Amendment 2198. Thank you, Mr. Chairman,
Representative Darrin Williams
Unverified
0:08
members. This is House Bill 2198 on behalf of Representative Steele. He wrote, I'm sure, a very, very good bill sent to the Senate,
and they made it even better. He wants to concur in their amendment, and he's asking for a good vote from
Representative David "Bubba" Powers
Unverified
0:24
you all. Thank you, Mr. Chairman. Anyone we speak for or against the concurrence, if not, the will of the committee.
Representative Branscombe, you have a motion? All right, we have a motion to do pass. All in favor say aye. All opposed? Thank you, Mr. Chairman. Your concurrence in Senate Amendment 2198 has
Representative Darrin Williams
Unverified
0:56
passed. Ms. Hopper, you're recognized to run Senate Bill 783, I believe. Perfect timing.
Representative Karen S. Hopper
Unverified
1:03
Yes, thank you, Mr. Chair. You all may, and committee,
you all probably noticed something missing today. My good sheriff, my good strong sheriff is not at my side. I bring before you Senate Bill 783 in behalf of Senator Key and my good sheriff, who brought this to our attention several months ago, and while it is somewhat of a lengthy bill
compared to some we've had here, I think it pretty much speaks for itself in title. This is my understanding of the situation. Senate Bill 783 would, with passage, would suspend the driver's license of a person who is charged with negligent homicide the same way that a person that's currently charged with just DWI. Current law says if a person is arrested for DWI, his or her driver's license is administratively suspended 30 days after the arrest.
If a person is intoxicated and has an accident and kills someone and is charged with negligent homicide, their license is not suspended. So this is a loophole in the administrative suspension law. Senate Bill 783, with passage of that, we would treat the more serious offense of killing someone the same as someone who just was arrested for DWI. Like I said, I think it pretty much speaks for itself, but I'm open for questions.
Representative Darrin Williams
Unverified
2:46
I'll do my best. Thank you, Ms. Hopper. Chair has one question for you. Members, it has a legislative impact statement, not a financial impact, but
on the back page. Do you have that, Ms. Hopper, by chance? Do you have a legislative impact? No, sir, I don't. Do we have an
extra one we can give to her? One thing that says that it's discussing the legislative impact that there may be ambiguity because it's not clearly stated that a person is subject to both license suspension upon
arrest for negligent homicide as well as license revocation upon conviction. Can you address this potential ambiguity at all? Let me first take a look at it. No,
take your time. I know you're seeing that. Take your time. I don't think anybody's going to hurry around here. It doesn't look like it. They're looking pretty
Representative Karen S. Hopper
Unverified
3:40
happy and content right now. Mr. Chair,
Representative Nate Steel
Unverified
3:43
if I might, if it's mirroring the DWI law, it would be on arrest, not just conviction. There's an automatic suspension for 30 days, I believe, which is supposed
to give you adequate time to get to court. So there would be an automatic license suspension on a DWI, and if she's mirroring that law, I would think it would be the same thing, if you can find it
Speaker 10
4:06
there in the statute, Ms. Hopper. I'm sorry,
Representative Nate Steel
Unverified
4:09
it's the other way around. It's automatic suspension after the 30 days. So on a DWI arrest, license is valid for 30 days after the arrest for DWI, but whether you've been to court or not, after those 30 days, there's a license suspension unless or until you prove yourself innocent.
Representative Darrin Williams
Unverified
4:26
Okay, I don't know that. I just don't understand the – I don't get it fast. Will you do it one
more time, I might catch it. So if I'm arrested for DWI, I have 30 days to maintain a valid license. After the end of the 30 days, then my license are suspended until I prove myself otherwise innocent. Is that how it works? Unless you've been acquitted
Representative Nate Steel
Unverified
4:47
within that 30 days, that's correct. The Office of Driver Control, I believe, suspends your license. Usually that would just go pursuant and concurrent with the sentence of the DWI.
But if you're not found guilty, then your license is not suspended after that 30-day period. And in this bill, if I am – okay,
Representative Darrin Williams
Unverified
5:06
same thing here. So here, if I'm arrested for negligent homicide, are you saying, Ms. Hopper or Mr. Steele, that my license will be valid for 30 days, then suspended until I have a trial or hearing and determine whether I am guilty or innocent of negligent homicide, and if I am guilty, then my license are revoked.
Representative Karen S. Hopper
Unverified
5:28
Is that how this works? It is my understanding the intent was to
Representative Darrin Williams
Unverified
5:34
mirror, yes. Okay, I recognize Mr. Wright for
Speaker 23
5:38
questions. Representative Hopper, do you see how that might be a problem with a DWI, which is a misdemeanor, get to court much quicker, whereas, as opposed to negligent homicide, it may take much longer for you to get to court, more than likely way outside the 30 days. I do understand your concern, yes, sir. So you understand that somebody's license may be suspended before they've had an opportunity to have their day in court?
Representative Karen S. Hopper
Unverified
6:00
I do indeed recognize your concern, yes. Thank you. And I
Representative Darrin Williams
Unverified
6:06
want to echo that concern because it's my understanding that's what's happening now. People are convicted or arrested for a DDU-IHR, and because no file of their own, because the court is just backlogged and they can't get a hearing in 30 days. So after those 30 days run, they either have to decide to violate the law and drive to go to and from work, take their kids to and from school, or find some other means to do it until the government can give them a hearing.
And they may very well be innocent. So it's not their fault that they haven't had the hearing to prove themselves guilt or innocent. It's because of the backlog of the system, which may impede them from just going about everyday function of working and taking care of their family. So I have some concern about that. Do you think this bill mirrors that aspect and will cause that potential problem just like it does with DUI right now? Give me just a moment, please.
Speaker 29
7:42
I'm open to suggestions. You all see where I'm trying
Representative Darrin Williams
Unverified
7:52
to get. I think Mr. Wright has a
Speaker 23
7:56
question or suggestion. Representative Hopper, would you be amenable to maybe sending it to interim study and see how it could be addressed better to allow for somebody to have proper time to be heard in court and also protect everybody out there as well.
Representative Karen S. Hopper
Unverified
8:16
I believe that's the direction that we're going, and yes, sir.
Representative Darrin Williams
Unverified
8:24
Thank you, Representative. Thank you. I'm sorry, Ms. Hopper, Vice Chair Wilkins, was telling me experience he's had with his church members on this very issue. So was your recommendation that you want to send this to interim study? And based on
Representative Karen S. Hopper
Unverified
8:37
the direction I think we're going, I believe that's my...
Representative Darrin Williams
Unverified
8:40
Well, we don't want to at all strong arm you anywhere. You're happy to do whatever you'd like
Representative Karen S. Hopper
Unverified
8:46
to do. I appreciate the recommendation, and indeed, that's what we'll do.
Representative Darrin Williams
Unverified
8:49
Would you like, since this is a Senate bill, would you like to have Senator Key handle that on his end, since that interim study will probably be handled on the Senate end? Indeed, yes, sir. So we will just skip this bill, and Senator Key can refer to interim study on his own end. I'll be happy to. Thank you. Thank you,
Representative Darrin Williams
Unverified
9:21
That was our last bill in keeping with this committee. You guys didn't let it out, though. I want It seemed like you were
Speaker 35
9:31
the one to make the suggestion No, I did
Speaker 4
9:33
not, that was Mr. Wright, just to be careful Mr. Wright is the one Mr. Powers, you have any other business before this committee? Well, I'd like a point of personal privilege once I swaddle this fish Absolutely, let me
Representative Darrin Williams
Unverified
9:45
make sure, just in case anybody tries to run down here with a bill Let's say we're done This committee is adjourned We're happy to make any statement and stay as long as you want
Agenda
Documents
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Speakers
Representative David "Bubba" Powers
Unverified
Representative Darrin Williams
Unverified
Representative Karen S. Hopper
Unverified
Representative Nate Steel
Unverified
Speaker 10
Speaker 23
Speaker 5
Speaker 29
Speaker 35
Speaker 4