STAND. COM. REP. NO. 368

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 658
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Transportation and Intergovernmental
Affairs, to which was referred S.B. No. 658 entitled: 

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

begs leave to report as follows:

     The purpose of this measure is to redefine "drug" for
purposes of the offense of driving under the influence of drugs
to mean any chemical substance, natural or synthetic, that, when
taken into the human body, can impair the ability of the person's
normal mental faculties or ability to care for the person and
guard against casualty.  

     This measure also provides that legal entitlement to use
alcohol or any drug is not a defense to the offense of driving
under the influence of drugs.

     Testimony in support of this measure was received from the
Department of Transportation, Governor's Highway Safety Council,
Department of the Prosecuting Attorney of the City and County of
Honolulu, Police Department of the City and County of Honolulu,
Police Department of the County of Maui, and Mothers Against
Drunk Driving.

     Your Committee finds that persons may consume substances,
other than the controlled substances listed on schedules I
through IV of 329, Hawaii Revised Statutes, that impair their
driving ability.  A person under the influence of these other

 
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substances or drugs while driving a motor vehicle are at greater
risk of becoming involved in a serious motor collision.  The
broader definition of "drug" provided in this measure will ensure
that persons are penalized for using any chemical substance that
impairs their ability to carefully and prudently operate a motor
vehicle.

     Your Committee further finds that persons may inadvertently
mismanage their prescription drugs under the direction of their
physicians.  Persons, especially the elderly, who take
prescription drugs as directed and proceed to drive may
unknowingly commit the offense of driving under the influence of
drugs. 

     Therefore, your Committee has amended this measure by:

     (1)  Deleting the language in this measure providing that
          legal entitlement to use alcohol or any drug is not a
          defense; and

     (2)  Making it an affirmative defense to the offense of
          driving under the influence of drugs if the person took
          the drug as directed and the person informed the
          prescribing authority of any other drugs being taken at
          the time the prescription was issued.

     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 S.B. No. 658, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 658, 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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