Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

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

begs leave to report as follows:

The purpose of this measure is to clarify the maximum term of imprisonment for individuals convicted of operating a vehicle under the influence of an intoxicant while having a person under fifteen years of age in the vehicle at the time of the offense.

Testimony in support of the measure was submitted by the Department of the Prosecuting Attorney for the City and County of Honolulu and the Honolulu Police Department.

This measure clarifies that when a mandatory forty-eight hour term of imprisonment for operating a vehicle under the influence of an intoxicant is added to the mandatory term of imprisonment for the first, second, or third offense of operating a vehicle under the influence of an intoxicant, the total term of imprisonment shall not exceed the maximum term of imprisonment established in statute for these offenses.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs 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 Third Reading.