SB2139

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

“Part . Ignition Interlock devices

§291E-A Definitions. As used in this part:

"Ignition interlock device" or "device" means a constant monitoring device, of a type approved by the director, that prevents a motor vehicle from being started at any time without first determining the blood alcohol level of the operator of the vehicle by testing a breath sample.

"Violation" means any alcohol-related act resulting in the revocation, suspension, or other restriction of a person's license and privilege to operate a motor vehicle pursuant to part III or section 291E-61, 291E-61.5, or 291E-64.

"Violator" means a person who commits a violation.

§291E-B Device requirement for violators. (a) Any violator whose license and privilege to operate a motor vehicle has been revoked, suspended, or otherwise restricted pursuant to part III or section 291E-61, 291E-61.5 or 291E-64, shall have an ignition interlock device installed and operating on all motor vehicles driven by the violator, pursuant to rules adopted by the director. Unless determined by the director to be indigent, the violator shall pay all costs associated with the installation of any ignition interlock device.

(b) The violator shall only operate a motor vehicle equipped with an ignition interlock device for:

(1) A period of one year, for a first violation;

(2) A period of two years, for a second violation;

(3) A period of three years, for a third violation; or

(4) The remainder of the violator's life, subject to section 291E-C, for a fourth or subsequent violation.

§291E-C Removal of lifetime device requirement. Five years from the date that a violator's license and privilege to operate a motor vehicle is initially revoked, suspended, or otherwise restricted under section 291E-B(b)(4), the violator may apply to a court of competent jurisdiction for an order for removal of the ignition interlock device. The court may, for good cause shown, order the removal of the ignition interlock device; provided that a violator who commits another violation following installation of the ignition interlock device during that same period or is convicted of tampering with the proper and intended operation of an ignition interlock device shall not be eligible to apply for an order authorizing removal under this section. Good cause may include an alcohol screening and proof from the vendor of the ignition interlock device that the violator has complied with all terms relating to installation and use of the device.

§291E-D Monitoring of device use. The use of any ignition interlock device required under this part shall be monitored by the vendor of the device for proper use and accuracy at least quarterly, as the director may require. A report of that monitoring shall be issued by the vendor to the director within fourteen days of each monitoring.

§291E-E Maintenance of device. Any violator required under this part to install and use an ignition interlock device shall maintain the device, keep up-to-date records in the motor vehicle equipped with the device showing the completion of required service and calibrations, and provide the records upon the request of the director or a law enforcement officer.

§291E-F Tampering. No person shall intentionally or knowingly circumvent, tamper, or otherwise interfere with the proper and intended operation of an ignition interlock device.

§291E-G Penalty. Any person convicted of a violation of this part shall be guilty of a misdemeanor.

§291E-H Rules. The director shall adopt rules to carry out the purposes of this part."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 to carry out the purposes of this Act.

The sum appropriated shall be expended by the judiciary for the purposes of this Act.

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. In codifying the new part added to chapter 291E, Hawaii Revised Statutes, by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2139
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII