STAND. COM. REP. NO.1269

Honolulu, Hawaii

, 2003

RE: H.B. No. 1010

H.D. 1

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1010, H.D. 1, S.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 police to conduct breath, blood, or urine tests on persons involved in a motor vehicle accident who are not injured or refuse medical treatment for injuries if police have probable cause to believe the person was driving under the influence of drugs or alcohol.

Testimony in support of this measure was received from Mothers Against Drunk Driving-Hawaii. Testimony supporting the measure but requesting amendments was received from the Department of the Prosecuting Attorney and the Honolulu Police Department. The Office of the Public Defender and the Department of Transportation opposed the measure. The Judiciary provided comments.

Your Committee finds that under current law, medical facilities treating an injured driver may conduct a blood or urine test of the driver if the collision involved death or injury, and when requested by police. Uninjured drivers or injured drivers who refuse treatment but are suspected of being under the influence, however, are not tested because they are not taken to a medical facility. This measure allows police to offer drivers the opportunity to take a less intrusive breath test at a police station or blood or urine test at a medical facility.

Based on testimony received, your Committee amended the bill by:

(1) Replacing the phrase "request a breath test of that person" on page 1, lines 13-14, with "offer the person a breath test in lieu of a blood or urine test. If the person refuses to perform a breath test, the law enforcement officer shall request a blood or urine sample pursuant to subsection (d);

(2) Adding the words "or urine" on page 2, line 2;

(3) Replacing the phrase "a police facility to conduct a breath test, or to a hospital or medical facility for the purpose of conducting a blood or urine test" with "another police facility or a hospital or medical facility that is capable of conducting a breath, blood, or urine test." on page 2, lines 4-6;

(4) Deleting amendments to §291E-33, Hawaii Revised Statutes;

(5) Replacing the effective date of "upon approval" with "January 1, 2004"; and

(6) Renumbering the sections of the bill.

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. 1010, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1010, H.D. 1, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair