CONFERENCE COMMITTEE REPORT NO. 77

                            Honolulu, Hawaii
                                            , 1999

                            RE:   H.B. No. 212
                                  H.D. 1
                                  S.D. 1
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 212, H.D. 1, S.D. 1, entitled:

    "A BILL FOR AN ACT RELATING TO DRIVING UNDER THE INFLUENCE OF
    INTOXICATING LIQUOR,"

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to impose a mandatory fine of
$500, in addition to existing penalties, on any person age
eighteen or older who is convicted of driving under the influence
of intoxicating liquor while having in the vehicle a passenger
age twelve or under.  The bill also clarifies that convictions
under section 291-4.4, Hawaii Revised Statutes (habitually
driving under influence), count as prior driving under the
influence offenses for sentencing purposes under section 291-4,
Hawaii Revised Statutes.


 
 
 
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     Your Committee finds that increasing the penalty for driving
under the influence with a minor passenger is necessary to deter
such reckless conduct and to increase highway safety for
children.  Your Committee also believes that the bill will close
a present loophole in the law whereby, depending upon the time
interval, convictions under section 291-4.4 are not being counted
as prior driving under the influence offenses in the sentencing
under section 291-4.

     Upon further consideration, your Committee has amended this
bill by:

     (1)  Increasing the applicable age of the minor passenger
          from age twelve or younger to "younger than fifteen
          years of age";

     (2)  Including, as an additional penalty, a mandatory term
          of imprisonment of forty-eight hours;

     (3)  Providing that the total term of imprisonment shall not
          exceed thirty days, to avoid potentially triggering the
          right to a jury trial;

     (4)  Adding a new section to the bill amending section
          291-4.4, Hawaii Revised Statutes, to clarify that
          convictions under section 291-4.4 count as prior
          driving under the influence offenses for sentencing
          purposes under section 291-4.4;

     (5)  Replacing the savings clause in section 3 with language
          that specifies that:

          (a)  The new, additional penalties for driving under
               the influence of intoxicating liquor with a minor
               passenger do not apply to persons arrested for a
               violation of section 291-4 prior to the bill's
               effective date; and

          (b)  The bill applies, for purposes of determining
               prior convictions under sections 291-4 and
               291-4.4, to any person convicted under these
               sections prior to its effective date;

     (6)  Renumbering the sections of the bill consecutively; and

     (7)  Making technical nonsubstantive changes for purposes of
          style, clarity, and consistency.


 
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     Your Committee on Conference is in accord with the intent
and purpose of H.B. No. 212, H.D. 1, S.D. 1, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as H.B. No. 212, H.D. 1, S.D. 1, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
           SENATE                              HOUSE
                                   
                                   
                                   
______________________________     ______________________________
CAL KAWAMOTO, Co-Chair             KENNETH T. HIRAKI, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
AVERY B. CHUMBLEY, Co-Chair        ERIC G. HAMAKAWA, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
MATTHEW M.  MATSUNAGA, Co-Chair    KENNY GOODENOW, Member
                                   
                                   
                                   
______________________________     ______________________________
ROBERT BUNDA, Member               PAUL WHALEN, Member



______________________________
RANDY IWASE, Member



______________________________
SAM SLOM, Member