STAND. COM. REP. NO. 2755

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 3073
                                        S.D. 2




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

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
3073, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO IMPAIRED DRIVING,"

begs leave to report as follows:

     The purpose of this measure is:

     (1)  To add the habitual driving offense to the implied
          consent law;

     (2)  To define "preliminary alcohol screening device"; and 

     (3)  To clarify that use of a preliminary alcohol screening
          device is not a replacement for a breath, blood, or
          urine test required by the implied consent law.

     Your Committee finds that the use of a preliminary alcohol
screening device will help the police to more accurately identify
drivers who may be under the influence of alcohol.  Your
Committee further finds that persons who are reasonably suspected
of having violated the habitual driving offense should fall
within the implied consent law.

     Testimony in support of this measure was submitted by the
Department of Transportation, the Department of the Prosecuting
Attorney of the City and County of Honolulu, the Department of
the Prosecuting Attorney of the County of Maui, and Mothers
Against Drunk Driving.  Testimony partly in support and partly in

 
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                                   STAND. COM. REP. NO. 2755
                                   Page 2


opposition to this measure was submitted by the Office of the
Public Defender.

     Upon further consideration, your Committee has amended this
measure by making technical, non-substantive changes for the
purposes of clarity and style.

     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 S.B. No.
3073, S.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as S.B. No. 3073, S.D.
2.

                                   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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