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. 2646 entitled:

begs leave to report as follows:

The purpose of this measure is to establish that the refusal of a legally arrested person to submit to a breath, blood, or urine test may be admissible in any criminal or civil proceeding.

Your Committee finds that under current statutory provisions, evidence of a person's refusal to submit to a blood, breath, or urine test for alcohol or drugs can only be admitted in the administrative license revocation proceedings and not in any other criminal or civil proceeding.

Your Committee further finds that this information is admissible for other proceedings in almost every other jurisdiction. Your Committee believes that this measure to allow the admission of such evidence will assist the trier of fact to determine whether a driver was impaired in a criminal or civil case, and will have a deterrent effect on persons driving under the influence.

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. 2646 and recommends that it pass Third Reading.