STAND. COM. REP. NO.699-02
Honolulu, Hawaii
, 2002
RE: H.B. No. 2301
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Sir:
Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2301, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO THE USE OF INTOXICANTS,"
begs leave to report as follows:
The purpose of this bill is to strengthen the current law with regard to the use of intoxicants while operating a motor vehicle. Specifically this bill:
(1) Applies repeat intoxicated driver provisions to persons with prior drug enforcement contacts;
(2) Clarifies that a person who has refused a chemical test for either alcohol or drugs will not be eligible for a conditional license permit;
(3) Clarifies the administrative review procedure for the revocation of a driver's license; and
(4) Provides the option to police officers of informing the arrestee of revocation sanctions under section 291E-41 or 291E-65, Hawaii Revised Statutes, whichever is applicable to the offense, when attempting to obtain implied consent of an operator of a vehicle to submit to testing to determine alcohol and drug intoxication.
Your Committee received testimony in support of this measure from the Judiciary, the Department of Transportation, Mother's Against Drunk Drivers, the Department of the Prosecuting Attorney, and the Honolulu Police Department.
Your Committee finds that:
(1) When the Driving Under the Influence consolidation legislation was originally crafted, there was no intent to allow drivers who refuse to be tested to be able to obtain a conditional license permit;
(2) It was the original intent of the consolidation legislation to keep prior drug enforcement contacts separate from prior alcohol enforcement contacts when referring to repeat intoxicated drivers; and
(3) Experiences of law enforcement officers indicate that although the statute requires them to inform drivers of the sanctions for refusing to be tested, there must be some latitude given to officers by requiring only that appropriate information be conveyed to the driver, when informing the driver of their rights.
Your Committee has amended this bill by:
(1) Deleting the provisions that equated prior drug enforcement contacts with prior alcohol enforcement contact with regards to repeat intoxicated drivers; and
(2) Making technical, nonsubstantive changes for style and clarity.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2301, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2301, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
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____________________________ ERIC G. HAMAKAWA, Chair |
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