STAND

STAND. COM. REP. NO.298

Honolulu, Hawaii

, 2003

RE: S.B. No. 1216

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 1216 entitled:

"A BILL FOR AN ACT RELATING TO USE OF INTOXICANTS WHILE OPERATING A VEHICLE,"

begs leave to report as follows:

The purpose of this measure is to allow police to take breath, blood, or urine tests from persons involved in a motor vehicle accident who are not injured or refuse to be treated for an injury.

Testimony in support of this measure was received from the Department of Transportation, Honolulu Police Department, and Honolulu Department of the Prosecuting Attorney. Comments were received from the Office of the Public Defender.

This measure also:

(1) Adds the offense of operating a vehicle after consuming a measurable amount of alcohol by persons under the age of twenty-one to the list of violations under which a law enforcement officer with probable cause may request a sample of blood or urine; and

(2) Clarifies that the notice of administrative revocation does not serve as a temporary permit if at the time of the arrest the person refused to take a breath, blood, or urine test.

The intent of this measure is to cover the situation where suspected impaired drivers are not injured in a collision involving injury or death refuse to take a test. Current law in practical effect covers only situations where the driver is injured, because the driver is afforded medical treatment usually at a hospital where a definitive test can be administered. Thus, the uninjured impaired driver may elude conviction without having the benefit of a blood or urine test result, notwithstanding that the driver may have taken a breath test. Therefore, your Committee finds that this measure closes a loophole in the law.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1216 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs and Government Operations,

		____________________________ CAL KAWAMOTO, Chair