CONFERENCE COMMITTEE REP. 18

Honolulu, Hawaii

, 2003

RE: H.B. No. 807

H.D. 2

S.D. 2

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 807, H.D. 2, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CHAPTER 291E,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to increase public safety on our roadways by:

(1) Establishing the status offense of "habitually operating a vehicle while under the influence of an intoxicant";

(2) Adding certain offenses committed as a minor as "prior" offenses;

(3) Providing for forfeiture of a motor vehicle as a condition of the sentence for driving under the influence provided that the person convicted is the registered owner of the motor vehicle; and

(4) Repealing the requirement that a law enforcement officer inform a suspect of the sanctions for refusing to submit to a blood alcohol level test and for prior offenses.

Your Committee on Conference finds that a habitually-impaired driver poses a risk while operating a motor vehicle. Charging a habitually-impaired driver with a felony offense will serve to deter persons from driving while intoxicated.

Your Committee on Conference has amended this bill by deleting its contents and replacing it with the contents of H.B. No. 807, H.D. 2. As amended, this measure:

(1) Creates a separate offense of "habitually operating a vehicle under the influence of an intoxicant"; and

(2) Allows juvenile DUI adjudications to be considered prior convictions.

Other technical, nonsubstantive amendments were made for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 807, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 807, H.D. 2, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

CAL KAWAMOTO, Chair

____________________________

JOSEPH M. SOUKI, Co-Chair

____________________________

COLLEEN HANABUSA, Co-Chair

____________________________

ERIC G. HAMAKAWA, Co-Chair