Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2288 entitled:

begs leave to report as follows:

The purpose of this measure is to make permanent Chapter 663D, Hawaii Revised Statutes, relating to the drug dealer liability.

No testimony was received on this measure.

Act 203, Session Laws of Hawaii 1995, enacted chapter 663D, Hawaii Revised Statutes, the Drug Drug Dealer Liability Act, to provide for the recovery of civil damages against drug dealers and users, for economic, noneconomic, and exemplary damages, and attorney's fees and court costs. The intent is to make it economically unfeasible for drug dealers to continue to ply their illicit trade by allowing huge civil damages.

Act 203 provides a means for parents and others to obtain monetary damages from drug dealers for the injuries caused by drugs to their families and communities. Act 203 is a model legislation that has been adopted in 14 states. It is essentially a products liability act for illegal drugs by operating to hold dealers civilly liable who intentionally distribute illegal drugs. None of the other states have sunset provisions.

Act 203 offers a new approach to fighting illegal drugs. Since it would be impossible to identify each person in a chain of illegal drug distribution, Act 203 establishes a form of "market liability" so that a plaintiff need only prove that a defendant was distributing the same type of illegal drugs in the community of the plaintiff, and was in the community at the same time that the user was using the illegal drug. Most importantly, the plaintiff need not prove that the drug received was specifically from the defendant.

Chapter 663D is scheduled to sunset on June 30, 2003. This measure would remove that sunset. Although no testimony was received on this measure, your Committee finds that every possible arsenal of weapons should be called upon to fight the war on drugs. At least for the foreseeable future, the new frontier in the drug war is crystal meth labs in Hawaii, especially on Oahu. Because crystal meth is cheap and easy to make and is highly addictive, this measure is ideally suited for that purpose.

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. 2288 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.