REPORT TITLE:
Driving; Drugs


DESCRIPTION:
Reduces jail time for driving under the influence of drugs by
conforming the penalties with those provided for driving under
the influence of intoxicating liquor.  Makes reduced penalties
retroactive to first-offense pending cases.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2691
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO DRIVING UNDER THE INFLUENCE OF DRUGS.
 


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

 1      SECTION 1.  The purpose of this Act is to reduce the maximum
 
 2 jail time that may be imposed upon drug impaired offenders.  The
 
 3 effect of such a reduction will be to make consistent the current
 
 4 penalties relating to operating a vehicle under the influence of
 
 5 intoxicating liquor with the penalties relating to driving under
 
 6 the influence of drugs.
 
 7      The legislature further intends that by making these reduced
 
 8 penalties retroactive to pending cases, it be made clear that
 
 9 these offenders are not entitled to a jury trial, as the offense
 
10 is a "petty offense" in the constitutional sense.
 
11      SECTION 2.  Section 291-7, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "§291-7 Driving under the influence of drugs.(a)  A
 
14 person commits the offense of driving under the influence of
 
15 drugs if the person operates or assumes actual physical control
 
16 of the operation of any vehicle while under the influence of any
 
17 drug [which] that impairs [such] the person's ability to operate
 
18 the vehicle in a careful and prudent manner.  The term "drug" as
 

 
Page 2                                                     2691
                                     H.B. NO.           
                                                        
                                                        

 
 1 used in this section [shall mean] means any controlled substance
 
 2 as defined and enumerated on schedules I through IV of chapter
 
 3 329.
 
 4      (b)  A person committing the offense of driving under the
 
 5 influence of drugs shall be sentenced as follows without
 
 6 possibility of probation or suspension of sentence:
 
 7      (1)  For a first offense, or any offense not preceded within
 
 8           a five-year period by a conviction under this section,
 
 9           by:
 
10           (A)  A fourteen-hour minimum drug abuse rehabilitation
 
11                program, including education and counseling, or
 
12                other comparable programs deemed appropriate by
 
13                the court; and
 
14           (B)  Ninety-day prompt suspension of license, with
 
15                absolute prohibition from operating a motor
 
16                vehicle during suspension of license, or the court
 
17                may impose, in lieu of the ninety-day prompt
 
18                suspension of license, a minimum thirty-day prompt
 
19                suspension of license with absolute prohibition
 
20                from operating a motor vehicle and, for the
 
21                remainder of the ninety-day period, a restriction
 
22                on the license that allows the person to drive for
 

 
 
 
Page 3                                                     2691
                                     H.B. NO.           
                                                        
                                                        

 
 1                limited work-related purposes and to participate
 
 2                in drug treatment programs; and
 
 3           (C)  Any one or more of the following:
 
 4                (i)  Seventy-two hours of community service work;
 
 5               (ii)  Not less than forty-eight hours and not more
 
 6                     than five days of imprisonment; or
 
 7              (iii)  A fine of not less than $150 but not more
 
 8                     than $1,000.
 
 9      (2)  For an offense [which] that occurs within five years of
 
10           a prior conviction under this section:
 
11           (A)  Prompt suspension of license for a period of one
 
12                year with the absolute prohibition from operating
 
13                a motor vehicle during suspension of license;
 
14           (B)  Either one of the following:
 
15                (i)  Not less than [eighty] one-hundred hours of
 
16                     community service work; or
 
17               (ii)  Not less than forty-eight consecutive hours
 
18                     but not more than fourteen days of
 
19                     imprisonment[;] of which at least forty-eight
 
20                     hours shall be served consecutively; and
 
21           (C)  A fine of not less than $500 but not more than
 
22                [$1,000.] $1,500.
 

 
 
 
Page 4                                                     2691
                                     H.B. NO.           
                                                        
                                                        

 
 1      (3)  For an offense [which] that occurs within five years of
 
 2           two prior convictions under this section, by:
 
 3           (A)  A fine of not less than $500 but not more than
 
 4                [$1,000;] $2,500;
 
 5           (B)  Revocation of license for a period of not less
 
 6                than one year but not more than five years; and
 
 7           (C)  Not less than ten days but not more than [one
 
 8                hundred eighty] thirty days imprisonment[.] of
 
 9                which at least forty-eight hours shall be served
 
10                consecutively.
 
11      [(4)] Notwithstanding any other law to the contrary, any
 
12 conviction for driving under the influence of drugs shall be
 
13 considered a prior conviction.
 
14      (c)  Whenever a court sentences a person pursuant to
 
15 subsection (b)(2) or (3), it also shall [also] require that the
 
16 offender be referred to a substance abuse counselor who has been
 
17 certified pursuant to section 321-193 for an assessment of the
 
18 offender's drug dependence and the need for appropriate
 
19 treatment.  The counselor shall submit a report with
 
20 recommendations to the court.  The court may require the offender
 
21 to obtain appropriate treatment[.] if the counselor's assessment
 
22 establishes the offender's drug abuse or dependence.
 

 
 
 
Page 5                                                     2691
                                     H.B. NO.           
                                                        
                                                        

 
 1      All costs for [such] the assessment or treatment or both
 
 2 shall be borne by the offender.
 
 3      (d)  Notwithstanding any other law to the contrary, whenever
 
 4 a court revokes a person's driver's license pursuant to [the
 
 5 provisions of] this section, the examiner of drivers shall not
 
 6 grant to [such] the person an application for a new driver's
 
 7 license for [such] a period of time as specified by the court.
 
 8      (e)  Any person sentenced under this section may be ordered
 
 9 to reimburse the county for the cost of any blood tests conducted
 
10 under section 286-152.  The court shall order the person to make
 
11 restitution in a lump sum, or in a series of prorated
 
12 installments, to the police department or other agency incurring
 
13 the expense of the blood test.
 
14      [(e)] (f)  As used in this section, the terms "driver",
 
15 "driver's license", and "examiner of drivers" shall have the same
 
16 meanings as provided in section 286-2; and the term "vehicle"
 
17 shall have the same meaning as provided in section 291C-1."
 
18      SECTION 3.  Section 2 shall apply retroactively to all
 
19 pending first-offense cases for driving under the influence of
 
20 intoxicating liquor.
 
21      SECTION 4.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 

 
 
 
Page 6                                                     2691
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 5.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:_________________________