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. 807, H.D. 2, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to establish a status offense of habitually operating a vehicle under the influence of an intoxicant, and repealing the requirement that law enforcement officers inform impaired driving suspects of possible civil and criminal sanctions for driving under the influence or refusing to submit to a chemical test.

Testimony in support of this measure was received from the Department of the Attorney General. The Department of the Prosecuting Attorney and Mothers Against Drunk Driving-Hawaii supported the measure but requested amendments. The Honolulu Police Department supported the intent of the measure but opposed the measure as written. Testimony opposing the measure was received from the Office of the Public Defender. The Judiciary provided comments.

Your Committee finds that being punished as a status offender rather than receiving an enhanced sentence has distinct implications. Status offenders receive a specific punishment as long as the offender meets the criteria at the time the offender reoffends. The offender cannot defeat the charge by having a previous conviction reversed on a subsequent appeal. By contrast, enhanced sentences can be avoided if any prior convictions that are the basis for an enhanced sentence are overturned.

Your Committee believes it is important that the habitually impaired driver understand that he or she will be charged with a felony for any further impaired driving arrests, even if one of their prior convictions is reversed after their arrest.

Under §291E-11, Hawaii Revised Statutes (HRS), any person operating a vehicle on a public street, highway, or on waters of the State, is deemed to have given consent to a breath, blood, or urine test for the purpose of determining alcohol concentration or drug content if a law enforcement officer has probable cause to believe the person operating the vehicle is under the influence of an intoxicant or is under the age of twenty-one and has consumed a measurable amount of alcohol.

Your Committee believes that under the implied consent concept, the suspect should not be allowed to refuse a chemical test based on information regarding the consequences of either submitting or refusing to submit to a test. Therefore, it is the legislature's intent that the requirement that law enforcement officers advise suspects of potential civil and criminal sanctions for operating a vehicle while under the influence of an intoxicant or refusing to submit to a chemical test be eliminated.

Your Committee amended the bill by:

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. 807, H.D. 2, S.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, S.D. 2.