Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 1600 entitled:

begs leave to report as follows:

The purpose of this measure is to require that a blood test be conducted, rather than a breath or urine test, when there is probable cause to believe that a person is driving under the influence of an inhalant.

Your Committee received testimony in support of this measure from the Department of Transportation, the Honolulu Department of the Prosecuting Attorney, and the Honolulu Police Department. The Office of the Public Defender submitted testimony in opposition to this measure.

Your Committee finds that persons driving under the influence of alcohol or drugs present a serious public safety hazard. Despite harsh penalties provided by law, the problem persists.

Under existing law, a person suspected of driving under the influence can elect the type of test to be administered. Your Committee finds that certain substances that impair a person's ability to operate a car are undetectable by certain methods of testing.

The purpose of this measure as received by your Committee was to require a blood test if a person is suspected of driving under the influence of an inhalant. Your Committee amended this measure based on the recommendation of the Office of the Prosecuting Attorney, to authorize the police officer to determine the type of test to be administered in all cases. With this amendment, an officer can order the method of testing that is appropriate to detect the substance suspected to have been ingested by the driver.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1600, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1600, S.D. 1, and be referred to the Committee on Judiciary.