STAND

STAND. COM. REP. 3262

Honolulu, Hawaii

, 2004

RE: H.B. No. 2250

H.D. 2

S.D. 2

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 2250, H.D. 2, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to promote public safety by clarifying and strengthening the law pertaining to sentencing for the offense of habitually operating a vehicle under the influence of an intoxicant (section 291E-61.5, Hawaii Revised Statutes).

In 2003, the Legislature enacted Act 71, Session Laws of Hawaii 2003, to assist law enforcement in getting habitually intoxicated drivers off Hawaii's roads. This legislation created a separate offense for habitually operating a vehicle under the influence of an intoxicant, an offense that was formerly subsumed within the existing driving under the influence statute. However, other sections of the statute were not conformed to take this new offense into account. This measure will make these conforming amendments.

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

More particularly, this measure would:

(1) Require habitual DUI offenders to:

(a) Pay a driver education assessment;

(b) Be assessed for substance abuse or dependence; and

(2) Prohibit the issuance of a new driver's license to habitual DUI offenders until the license revocation period expires;

(3) Allow the court to order a person sentenced under section 291E-61.5, Hawaii Revised Statutes, to reimburse the county for the costs of blood or urine tests; and

(4) Add conforming references to the section concerning habitual DUI offenders, to the use of intoxicants law.

Your Committee has amended this bill by:

(1) Conforming the language at page 7, line 9, to the printed version of section 291E-4(a)(3); and

(2) Adding conforming references to the habitual DUI offense on page 24 at lines 16 and 19.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2250, 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. 2250, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

		____________________________ BRIAN T. TANIGUCHI, Chair