STAND. COM. REP. 794
Honolulu, Hawaii
, 2003
RE: H.B. No. 807
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 807, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CHAPTER 291E,"
begs leave to report as follows:
The purpose of this bill is to enhance and clarify laws relating to the operation of a vehicle while under the influence of an intoxicant (DUI law). More specifically, this bill:
(1) Creates a separate offense of habitually operating a vehicle under the influence of an intoxicant (habitual DUI);
(2) Deletes the requirement that a DUI suspect be informed of the criminal and civil sanctions for driving under the influence and refusing to take an intoxicant test;
(3) Allows the refusal of a suspect to take a chemical test to be used as evidence in a criminal trial for DUI;
(4) Allows juvenile DUI adjudications to be considered prior to convictions; and
(5) Includes bicycles as vehicles covered under the DUI law.
The Department of Transportation, Department of the Prosecuting Attorney of the County of Maui, and Honolulu Police Department submitted testimony in support of this bill. The Attorney General and the Department of the Prosecuting Attorney of the City and County of Honolulu submitted testimony in support of this bill with amendments. The Judiciary and the Office of the Public Defender submitted comments on this bill.
Your Committee finds that this bill will improve the current DUI law. By creating a separate habitual DUI offense, this bill will focus attention on the special status of these defendants who are the greatest risk to the public and allow the courts to take more decisive action against DUI offenders who continually put the lives of others at risk.
Your Committee has amended this bill by:
(1) Deleting bicycles as vehicles covered under the DUI law;
(2) Restoring the requirement that a DUI suspect be informed of the criminal and civil sanctions for driving under the influence and refusing to take an intoxicant test;
(3) Deleting language allowing the refusal of a suspect to take a chemical test to be used as evidence in a criminal trial for DUI; and
(4) Making technical, nonsubstantive changes for purposes of style and clarity.
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 H.B. No. 807, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 807, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ ERIC G. HAMAKAWA, Chair |