Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 2249 entitled:

begs leave to report as follows:

The purpose of this bill is to increase traffic safety by simplifying the requirements for implied consent in order to test an individual's breath, blood, or urine for intoxicants. Among other things, this bill provides that a law enforcement officer is only be required to inform a suspect:

The Department of Transportation, Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department, and Mothers Against Drunk Driving testified in support of this measure. The Judiciary supported the intent of this measure. A concerned citizen opposed the measure. The Office of the Public Defender commented on this measure.

Since 1999, Hawaii has seen an increase in the number of alcohol-related traffic fatalities. Intoxicated drivers are a danger not only to themselves, but to other motorists and pedestrians.

In 2003, the Legislature passed a measure to statutorily clarify the police were required to warn the suspect of the periods of administrative revocation of a driver's license to sanctions for refusing to submit to testing. Prior to that, the police were required to read multiple pages of information to an individual suspected of driving under the influence of an intoxicant (DUII) about the implications and future consequences of refusing to take a chemical test and taking a chemical test for the presence of intoxicants. The legislation passed in 2003 was an attempt to simplify the informed consent process for individuals suspected of DUII.

However, police officers are still required to read an inordinate amount of information to a suspect of DUII. This measure is an attempt to simplify this process while protecting the rights of the accused. Your Committee believes that this bill will improve enforcement and increase traffic safety.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2249 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.