Makes evidence of refusal to submit to testing for alcohol or drugs admissible at a relevant criminal, civil, or administrative proceeding or action.

A BILL FOR AN ACT

SECTION 1. Section 286-159, Hawaii Revised Statutes, is amended to read as follows:

"§286-159 Proof of refusal; admissibility. If a legally arrested person refuses to submit to a test of the person's breath or blood, evidence of refusal shall be admissible [only] in a hearing under part XIV of this chapter and [shall not be admissible] in any [other] criminal or civil action or proceeding[, whether civil or criminal]."

SECTION 2. Section 286-159.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§286-159.5[]] Proof of refusal of drug testing; admissibility. If a legally arrested person refuses to submit to a test of the person's blood or urine, proof of refusal shall be admissible [only in a hearing under section 286-157.4 or part XIV and shall not be admissible] in any [other] civil, criminal, or administrative action or proceeding[, whether civil or criminal]."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.