STAND. COM. REP. NO. 1572

                                   Honolulu, Hawaii
                                                     , 1999

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




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

Sir:

     Your Committee on Judiciary, to which was referred H.B. No.
212, H.D. 1, entitled: 

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

begs leave to report as follows:

     The purpose of this bill, as received, is to impose an
additional, mandatory minimum jail term of forty-eight hours, but
not to exceed a thirty-day term of imprisonment, and a $500 fine
on any person at least eighteen years old who is convicted of
driving under the influence of intoxicating liquor while having a
minor passenger less than eighteen years old in or on the
vehicle.

     Testimony in support of the bill was submitted by the
Department of Transportation, the Police Department for the
County of Maui, the Honolulu Police Department, Mothers Against
Drunk Driving, and the Keiki Injury Prevention Coalition.
Testimony in opposition to the bill was submitted by the Office
of the Public Defender.

     Your Committee finds that increasing the penalty for driving
under the influence with a minor passenger will act as a
deterrent to such reckless conduct and consequently will increase

 
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                                   STAND. COM. REP. NO. 1572
                                   Page 2


highway safety for children.  However, your Committee notes that
the measure, as drafted, could result in jail sentences of
greater than thirty days, thus potentially triggering the right
to a jury trial.

     Upon further consideration, your Committee has amended this
bill by deleting its contents and substituting those of S.B. No.
660, S.D.1, which provides for imposition of 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.  Your Committee also has amended the bill to
clarify 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.  Your Committee
believes this amendment is necessary to close a 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.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B.
No. 212, H.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as H.B. No. 212,
H.D. 1, S.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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