National Center for State Courts

 

Improving Justice through Leadership
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Traffic

Department of Transportation (DOT)
National Instant Criminal Background Check System (NICS)

Issue:    Department of Transportation (DOT)

Impact:            Changes in national highway safety policy will affect state court processing and record keeping of traffic cases.

Summary:

The Department of Transportation (DOT) is preparing for reauthorization of the Transportation Equity Act for the 21st Century (TEA-21), which authorizes the Federal surface transportation programs for highways, highway safety, and transit. Since the last reauthorization in 1998, there has been a shift in thinking from a focus primarily on construction to a broad approach to "traffic management." Included in this shift is recognition that enforcement requires coordination with ancillary agencies such as law enforcement, prosecutors, and the courts. This opens up the strong possibility of funding for training, information system development, and technical assistance for criminal justice agencies, including the courts. It also raises the possibility of mandates, as highway funds have been a major vehicle for enforcing state compliance with federal requirements.

DOT reauthorization has been forecast as one of the few domestic issues to be addressed successfully in the 108th Congress. A recent meeting sponsored by the National Highway Traffic Safety Administration (NHTSA) provided some clues to current thinking. The purpose of the conference was to bring together practitioners from the criminal justice field to find ways to improve the processing of DUI cases, with special emphasis on the habitual offender. Attendees included representatives from law enforcement, prosecutors, defense counsel, courts (12 attendees from NACM, COSCA, AJA, NCSC and others); and jails. The conference ended with a "solutions" session that included the following recommendations of direct relevance to state courts:

  • The drug court model (problem solving) will be applied to DUI cases.
  • Education of judges, administrative commissioners, and court administrators on the law will be emphasized.
  • A major focus should be on case processing improvements among criminal justice components.
  • DOT should fund improvements in all traffic courts, even if they do not establish a drug court.
  • Finally, a theme running through the entire conference was the need for a system approach to impaired driving cases.

 

Position: No formal position

References:
Support Materials: No additional materials

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Traffic
Issue:    National Instant Criminal Background Check System (NICS)

Impact:            Companion bills were introduced in the 107th Congress (H.R. 4757 and (S. 2826) authorizing a new grant program to enhance the instant criminal background check system for gun purchases that includes a major earmark for courts.

Summary: Both bills were designed to improve the instant criminal background check system by providing funds for upgrading systems for reporting background information that would prohibit the purchase of a gun (i.e., felony convictions, protection orders, mental institution commitments, or domestic violence misdemeanor convictions). The bills contained carrot and stick provisions. The carrots were new grant programs to enhance reporting systems, including a separate program for state judiciaries modeled after the Court Improvement Program. The stick was a provision that would reduce Byrne grant funds by 10-20 percent for non-compliance with the reporting requirements.

Position:

No formal position; bills would increase funds to courts for information system improvement but contain penalties.

 

References:
  • "Our Lady of Peace Act," H.R. 4757, S. 2757
Support
Materials:
No additional materials


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