REPORT TITLE:
Motor Vehicles; Drugs


DESCRIPTION:
Expands the definition of "drug".  (HB1976 HD1) 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1976
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HIGHWAY SAFETY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 291-7, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§291-7  Driving under the influence of drugs.(a) A person
 
 4 commits the offense of driving under the influence of drugs if
 
 5 the person operates or assumes actual physical control of the
 
 6 operation of any vehicle while under the influence of any drug
 
 7 which impairs such person's ability to operate the vehicle in a
 
 8 careful and prudent manner.  The term "drug" as used in this
 
 9 section shall mean:
 
10      (i)  any controlled substance as defined and enumerated on
 
11           schedules I through IV of chapter 329;
 
12      (ii) any substance that requires a United States Food and
 
13           Drug Administration warning label regarding the
 
14           operation of a motor vehicle; or
 
15      (iii)any intoxicating compound as defined in Section 712-
 
16           1240."
 
17      (b)  A person committing the offense of driving under the
 
18 influence of drugs shall be sentenced as follows without
 
19 possibility of probation or suspension of sentence:
 

 
Page 2                                                     1976
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (1)  For a first offense, or any offense not preceded within
 
 2           a five-year period by a conviction under this section,
 
 3           by:
 
 4           (A)  A fourteen-hour minimum drug abuse rehabilitation
 
 5                program, including education and counseling, or
 
 6                other comparable programs deemed appropriate by
 
 7                the court; and
 
 8           (B)  Ninety-day prompt suspension of license with
 
 9                absolute prohibition from operating a motor
 
10                vehicle during suspension of license, or the court
 
11                may impose, in lieu of the ninety-day prompt
 
12                suspension of license, a minimum thirty-day prompt
 
13                suspension of license with absolute prohibition
 
14                from operating a motor vehicle and, for the
 
15                remainder of the ninety-day period, a restriction
 
16                on the license that allows the person to drive for
 
17                a limited work-related purposes and to participate
 
18                in drug treatment programs; and
 
19           (C)  Any one or more of the following:
 
20                (i)  Seventy-two hours of community service work;
 
21                (ii) Not less than forty-eight hours of
 
22                     imprisonment; or
 

 
 
 
Page 3                                                     1976
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                (iii)A fine not less than $150 but not more than
 
 2                $1,000.
 
 3      (2)  For an offense which occurs within five years of a
 
 4           prior conviction under this section:
 
 5           (A)  Prompt suspension of license for a period of one
 
 6                year with the absolute prohibition from operating
 
 7                a motor vehicle during suspension of license;
 
 8           (B)  Either one of the following:
 
 9                (i)  Not less than eighty hours of community
 
10                     service work; or 
 
11                (ii) Not less than forty-eight consecutive hours
 
12                     of imprisonment; 
 
13                     and 
 
14           (C)  A fine not less than $500 but not more than
 
15                $1,000.
 
16      (3)  For an offense which occurs within five years of two
 
17           prior convictions under this section, by:
 
18           (A)  A fine not less than $500 but not more than
 
19                $1,000;
 
20           (B)  Revocation of license for a period not less than
 
21                one year but not more than five years; and
 
22           (C)  Not less than ten days but not more than one
 

 
 
 
Page 4                                                     1976
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                hundred eighty days imprisonment.
 
 2      (4)  Notwithstanding any other law to the contrary, any
 
 3           conviction for driving under the influence of drugs
 
 4           shall be considered a prior conviction.
 
 5      (c)  Whenever a court sentences a person pursuant
 
 6 to subsection (b)(2) or (3), it shall also require that the
 
 7 offender be referred to a substance abuse counselor who has been
 
 8 certified pursuant to section 321-193 for an assessment of the
 
 9 offender's drug dependence and the need for treatment.  The
 
10 counselor shall submit a report with recommendations to the
 
11 court.  The court may require the offender to obtain appropriate
 
12 treatment.
 
13      All costs for such assessment or treatment or both shall be
 
14 borne by the offender.
 
15      (d)  Notwithstanding any other law to the contrary, whenever
 
16 a court revokes a person's driver's license pursuant to the
 
17 provisions of this section, the examiner of drivers shall not
 
18 grant to such person an application for a new driver's license
 
19 for such a period as specified by the court.
 
20      (e)  As used in this section, the terms "driver", "driver's
 
21 license", and "examiner of drivers" shall have the same meanings
 
22 as provided in section 286-2; and the term "vehicle" shall have
 

 
 
 
Page 5                                                     1976
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 the same meaning as provided in section 291C-1."
 
 2      SECTION 2.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 3.  This Act shall take effect upon its approval.