STAND. COM. REP. NO. 2990

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2691
                                        H.D. 2
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Transportation and Intergovernmental
Affairs, to which was referred H.B. No. 2691, H.D. 2, entitled: 

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

begs leave to report as follows:

     The purpose of the measure is to conform the penalties for
driving under the influence of drugs with those for driving under
the influence of intoxicating liquor.

     Testimony in support of the measure was received from the
Department of Transportation, Honolulu Police Department,
Prosecuting Attorney of the City and County of Honolulu, and
MADD.  Testimony in opposition to the measure was received from a
citizen.

     Your Committee recognizes that in 1993, the legislature made
amendments to the penalties of driving under the influence of
intoxicating liquor to reduce penalties for first time offenders
and provide legislative intent that a first time offense is a
constitutionally "petty offense."  As a result, offenders are not
entitled to a jury trial.  However, the corresponding amendments
were not made to the driving under the influence of drugs
offense, and the issue of whether a jury trial is available has
been in question.  By conforming the penalties for both offenses,
the issue of a right to a jury trial will be clarified.


 
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                                   STAND. COM. REP. NO. 2990
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     Your Committee has amended the measure by:

     (1)  Reducing the number of hours of community service from
          not less than 100 hours to not less than 80 hours, and
          the fine from not more than $1,500, to not more than
          $1,000 for an offense that occurs within five years of
          a prior conviction;

     (2)  Reducing the fine from not more than $2,500 to not more
          than $1,000 for an offense that occurs within five
          years of two prior convictions; and

     (3)  Making a technical, nonsubstantive amendment to reflect
          proper ramseyer style.

     The substantive amendments restore current law to keep the
imprisonment and fines in conformity with a petty misdemeanor.

     As affirmed by the record of votes of the members of your
Committee on Transportation and Intergovernmental Affairs that is
attached to this report, your Committee is in accord with the
intent and purpose of H.B. No. 2691, H.D. 2, as amended herein,
and recommends that it pass Second Reading in the form attached
hereto as H.B. No. 2691, H.D. 2, S.D. 1, and be referred to the
Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation
                                   and Intergovernmental Affairs,



                                   ______________________________
                                   CAL KAWAMOTO, Chair

 
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