Report Title:

Felony DUI; Release; Alcohol Monitoring

Description:

Permits person convicted of habitual operation of a vehicle under the influence of an intoxicant to be released under supervision, after completion of mandatory minimum term of imprisonment on conditions that include use of a transdermal alcohol monitoring device at the defendant's own expense.

HOUSE OF REPRESENTATIVES	H.B. NO.	877
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING to DISPOSITION of criminal offenders.

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

     SECTION 1.  Section 291E-61.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  For a conviction under this section, the sentence shall be either:

     (1)  An indeterminate term of imprisonment of five years; or

     (2)  A term of probation of five years, with conditions to include:

         (A)  Mandatory revocation of license and privilege to operate a vehicle for a period not less than one year but not more than five years;

         (B)  Not less than ten days imprisonment, of which at least forty-eight hours shall be served consecutively; provided that upon completion of forty-eight consecutive hours of imprisonment, the person may be released on supervision, by either the court or the department of public safety, as appropriate, on conditions that include use of a transdermal alcohol monitoring device at the person's own expense;

         (C)  Referral to a certified substance abuse counselor as provided in section 291E-61(d);

         (D)  A surcharge of $25 to be deposited into the neurotrauma special fund; and

         (E)  May be charged a surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders.

In addition to the foregoing, any vehicle owned and operated by the person committing the offense shall be subject to forfeiture pursuant to chapter 712A, provided that the department of transportation shall provide storage for vehicles forfeited under this subsection."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2010.

INTRODUCED BY:

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