STAND

STAND. COM. REP. NO.1094

Honolulu, Hawaii

, 2003

RE: H.B. No. 1010

H.D. 1

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred H.B. No. 1010, 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 measure is to allow a suspect's refusal to submit to a blood alcohol level test to be admissible in subsequent civil and criminal proceedings against the suspect, and to repeal the penalties for refusal to submit to a test.

Your Committee received testimony from the Judiciary in support of some portions of this measure and opposing other portions. Testimony in opposition to this measure was submitted by the Department of Transportation, the Honolulu Police Department, the Honolulu Prosecuting Attorney, and Mothers Against Drunk Driving.

Due to the amount of opposing testimony, your Committee amended this measure by replacing its contents with the contents of Senate Bill No. 1216.

The purpose of this measure, as amended by your Committee, is to allow police to take breath, blood, or urine tests from persons involved in a motor vehicle accident who are not injured or refuse to be treated for an injury.

As amended, this measure also:

(1) Adds the offense of operating a vehicle after consuming a measurable amount of alcohol by persons under the age of twenty-one to the list of violations under which a law enforcement officer with probable cause may request a sample of blood or urine; and

(2) Clarifies that the notice of administrative revocation does not serve as a temporary permit if at the time of the arrest the person refused to take a breath, blood, or urine test.

The intent of this measure, as amended, is to cover the situation where suspected impaired drivers are not injured in a collision involving injury or death and refuse to take a breath, blood, or urine test. Existing law in practical effect covers only situations where the driver is injured, because the driver is afforded medical treatment usually at a hospital where a definitive test can be administered. Thus, the uninjured impaired driver may elude conviction for driving under the influence of an intoxicant by refusing to submit to a breath, blood, or urine test. Therefore, your Committee finds that this measure closes a loophole in the law.

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 H.B. No. 1010, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1010, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs, and Government Operations,

		____________________________ CAL KAWAMOTO, Chair