Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 437 entitled:

begs leave to report as follows:

The purpose of this bill is to clarify that when the mandatory 48-hour term of imprisonment under section 291E-61(b)(4), Hawaii Revised Statutes, is added to the mandatory term of imprisonment for a first, second, or third offense of operating a vehicle under the influence of an intoxicant, that total shall not exceed the maximum terms of imprisonment permitted for the first, second, and third offenses.

The Department of the Prosecuting Attorney for the City and County of Honolulu, Office of the Prosecuting Attorney for the County of Kauai, and the Honolulu Police Department testified in support of the bill.

Your Committee finds that this bill will clarify the terms of imprisonment for offenders convicted of operating a vehicle under the influence of an intoxicant while at the same time having a person under 15 years of age in the vehicle.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 437 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.