STAND

STAND. COM. REP. 3006

Honolulu, Hawaii

, 2004

RE: H.B. No. 2250

H.D. 2

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Transportation, Military Affairs, and Government Operations and Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2250, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO HABITUAL OPERATION OF A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT,"

beg leave to report as follows:

The purpose of this measure is to clarify the law on sentencing for the offense of habitually operating a vehicle under the influence of an intoxicant (section 291E-61.5, Hawaii Revised Statutes).

This measure would:

(1) Require the offender to be referred to a driver's education program for an assessment of substance abuse or dependency;

(2) Require the court to refer the offender to obtain appropriate treatment, depending on the recommendation of the counselor pursuant to the assessment;

(3) Prohibit reinstatement of a license revoked under this law until the expiration of the revocation period set by the court; and

(4) Allow the court to order a person sentenced under section 291E-61.5, HRS, to reimburse the county for the costs of blood or urine tests.

Testimony in support of this measure was received from the Judiciary, Department of Transportation, Honolulu Prosecuting Attorney, Honolulu Police Department, and Mothers Against Drunk Driving Hawaii.

This measure makes the penalties under section 291E-61.5, HRS, consistent with that of the offense of operating a vehicle while under the influence of an intoxicant under section 291E-61, HRS. It is the intent of this measure to provide help to the offender to avoid another driving incident and possible catastrophic motor vehicle accident because the offender did not get counseling to address the problem.

Your Committees have amended this measure to change the effective date to September 1, 2004, with concurrence of the Judiciary, to allow the Judiciary to have lead time to make internal administrative adjustments to accommodate this Act.

As affirmed by the records of votes of the members of your Committees on Transportation, Military Affairs, and Government Operations and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2250, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2250, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Transportation, Military Affairs, and Government Operations and Judiciary and Hawaiian Affairs,

____________________________ COLLEEN HANABUSA, Chair		____________________________ CAL KAWAMOTO, Chair