SB2211

Report Title:

Motor Vehicles; Use of Intoxicants

Description:

Creates new offenses of illegal operation of a vehicle while under court order of revocation of privilege to operate a vehicle and of illegal operation of a vehicle while under court order of suspension of privilege to operate a vehicle.

THE SENATE	S.B. NO.	2211
TWENTY-THIRD LEGISLATURE, 2006
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO USE OF INTOXICANTS WHILE OPERATING A VEHICLE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 291E, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§291E- Illegal operation of a vehicle while under court order of revocation of privilege to operate a vehicle. (a) A person commits the offense of illegal operation of a vehicle while under court order of revocation of license and privilege to operate a vehicle if the person operates or assumes actual physical control of a vehicle after the person has had the person's license and privilege to operate a vehicle revoked by a court order pursuant to this chapter, or revoked by a court order pursuant to section 200-81, 291-4, 291-4.4, 291-4.5, or 291-7 as those provisions were in effect on December 31, 2001.

(b) It is an affirmative defense that the person had the person's license and privilege to operate a vehicle restored by court order prior to the date of violation of this section.

(1) If the person convicted of violating this section has been previously sentenced under section 291E-61.5, the sentence shall be:

(A) Mandatory permanent revocation of license and privilege to operate a vehicle; and

(B) An indeterminate term of imprisonment of five years, without possibility of suspension of sentence or probation; or

(2) If paragraph (1) does not apply to the person, the sentence shall be:

(A) Mandatory revocation of license and privilege to operate a vehicle for a period of five years, to commence upon the release of the person from the period of imprisonment imposed pursuant to subparagraph (B) of this paragraph; and

(B) An indeterminate term of imprisonment of five years, or a five-year term of probation with terms and conditions to include, but not be limited to, ninety days of imprisonment, which shall not be suspended.

§291E- Illegal operation of a vehicle while under court order of suspension of privilege to operate a vehicle. (a) A person commits the offense of illegal operation of a vehicle while under court order of suspension of license and privilege to operate a vehicle if the person operates or assumes actual physical control of a vehicle during a period of time for which the person has had the person's license and privilege to operate a vehicle suspended by a court order pursuant to this chapter, or suspended by a court order pursuant to section 200-81, 291-4, 291-4.4, 291-4.5, or 291-7 as those provisions were in effect on December 31, 2001.

(b) A violation of this section shall be a misdemeanor; provided that the sentence shall be:

(1) For a first offense not preceded within a five-year period by conviction under this section:

(A) A mandatory term of imprisonment of not less than three consecutive days but not more than thirty days, which shall not be suspended;

(B) A fine of not less than $250 but not more than $1,000; and

(C) Suspension of license and privilege to operate a vehicle for an additional year, to be served consecutively with the suspension the person was under at the time of the offense, excluding the period of imprisonment imposed pursuant to this paragraph;

(2) For an offense that occurs within five years of a prior conviction under this section:

(A) A mandatory thirty consecutive days imprisonment, which shall not be suspended;

(B) A $1,000 fine; and

(C) Suspension of license and privilege to operate a vehicle for an additional two years, to be served consecutively with the suspension the person was under at the time of the offense, and excluding the period of imprisonment imposed pursuant to this paragraph;

(3) For an offense that occurs within five years of two or more prior convictions for offenses under this section:

(A) A mandatory one year imprisonment, which shall not be suspended;

(B) A $2,000 fine; and

SECTION 2. Section 291E-62, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:

"§291E-62 Operating a vehicle after license and privilege have been administratively suspended or revoked for operating a vehicle under the influence of an intoxicant; penalties. (a) No person whose license and privilege to operate a vehicle have been revoked, suspended, or otherwise restricted pursuant to this section or to part III [~~or section 291E-61~~] of this chapter or 291E-61.5, or to part VII or part XIV of chapter 286 or section 200-81, 291-4, 291-4.4, 291-4.5, or 291-7 as those provisions were in effect on December 31, 2001, shall operate or assume actual physical control of any vehicle:

(1) In violation of any restrictions placed on the person's license; or

(2) While the person's license or privilege to operate a vehicle remains suspended or revoked."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act, upon its approval, shall take effect retroactive to January 1, 2006.

INTRODUCED BY:	_____________________________