STAND. COM. REP. NO. 164-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2691
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B.
No. 2691 entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to conform the penalties for
driving under the influence of drugs(DUID) with those penalties
for driving under the influence of intoxicating liquor(DUI).

     Your Committee finds that the maximum imprisonment terms for
drivers convicted of drug impairment are inconsistent with
imprisonment terms for drivers convicted of alcohol impairment.
  
     This bill sets maximum imprisonment terms for drug
impairment so that they are consistent with those for impairments
due to consumption of intoxicating liquor.  This bill also
provides that persons sentenced for DUID may be ordered to
reimburse the county for the cost of blood tests.
 
     Testimonies in support of this bill were received from the
Department of Transportation, the Department of the Prosecuting
Attorney of the City and County of Honolulu, the Honolulu Police
Department, and Mother's Against Drunk Driving.  Testimony in
opposition to this bill was received from the Hawaii Association
of Criminal Defense Lawyers.


 
 
 
                                 STAND. COM. REP. NO. 164-00
                                 Page 2

 
     Your Committee has amended the bill by making the following
amendments:

     (1)  Clarifying that the court is required to order an
          offender to obtain appropriate treatment if the
          counselor's assessment establishes the offender's drug
          abuse or dependence; 

     (2)  Clarifying that the bill applies retroactively to all
          pending first-offense cases for DUID and not DUI; and

     (3)  Making technical, nonsubstantive amendments for
          purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your
Committee on Transportation that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
2691, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 2691, H.D. 1, and
be referred to the Committee on Judiciary and Hawaiian Affairs.

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



                                   ______________________________
                                   KENNETH T. HIRAKI, Chair