STAND. COM. REP. 2813
Honolulu, Hawaii
, 2004
RE: S.B. No. 2746
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 S.B. No. 2746, 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 carry into full effect legislation enacted in 2003 that created the offense of habitually operating a motor vehicle under the influence of an intoxicant, which was codified as section 291E-61.5, Hawaii Revised Statutes.
Specifically, this measure would make the penalties under section 291E-61.5, Hawaii Revised Statutes, consistent with that of the offense of operating a vehicle while under the influence of an intoxicant under section 291E-61, Hawaii Revised Statutes, by:
(1) Requiring the offender to be referred to a driver's education program for an assessment of substance abuse or dependency;
(2) Requiring the court to refer the offender to obtain appropriate treatment, depending on the recommendation of the counselor pursuant to the assessment;
(3) Prohibiting reinstatement of a license revoked under this law until the expiration of the revocation period set by the court;
(4) Allowing 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
(5) Making conforming amendments to other laws to account for the enactment of section 291E-61.5.
It is the intent of this measure to provide help to the offender to avoid another driving incident and possible catastrophic motor vehicle crash because the offender did not receive counseling to address the problem.
Your Committee has made technical nonsubstantive amendments to correct a statutory reference.
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 S.B. No. 2746, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2746, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
|
____________________________ BRIAN T. TANIGUCHI, Chair |
||