SB2344.DOC

SECTION 1. The legislature finds that deaths caused by intoxicated drivers, as well as the liquor establishments that may serve them alcohol, cause untold misery, hardship, and mental and emotional damage to loved ones of victims of motor vehicle accidents caused by intoxication. Society can no longer afford to allow drunk driving to continue without doing more than current law provides.

The purpose of this Act is to:

(1) Strengthen the enforcement of liquor license law and increase the punishment for driving under the influence of alcohol; and

(2) Make an appropriation to the counties for police departments to increase sobriety check points at high risk sites statewide.

SECTION 2. Section 281-78, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) At no time under any circumstances shall any licensee or its employee:

(1) Sell, serve, or furnish any liquor to, or allow the consumption of any liquor by:

(A) Any minor;

(B) Any person at the time under the influence of liquor;

(D) Any person for consumption in any vehicle that is licensed to travel on public highways;

provided that the consumption or sale of liquor to a minor shall not be deemed to be a violation of this subsection if, in making the sale or allowing the consumption of any liquor by a minor, the licensee was misled by the appearance of the minor and the attending circumstances into honestly believing that the minor was of legal age and the licensee acted in good faith; and provided further that it shall be incumbent upon the licensee to prove that the licensee so acted in good faith;

(2) Repeatedly sell, serve, or furnish any liquor to, or allow the consumption of any liquor to any person at the time under the influence of liquor; provided that the liquor commission shall adopt rules under section 281-17 for purposes of enforcement of this paragraph; and provided further that a single violation of this paragraph shall constitute grounds for revocation of license under section 281-91;

[~~(2)~~] (3) Permit any liquor to be consumed on the premises of the licensee or on any premises connected therewith, whether there purchased or not, except as permitted by the terms of its license;

[~~(3)~~] (4) Permit any liquor to be sold or served by any person eighteen to twenty years of age except in licensed establishments where selling or serving the intoxicating liquor is part of the minor's employment, and where there is proper supervision of these minor employees to ensure that the minors shall not consume the intoxicating liquor;

[~~(4)~~] (5) Permit any liquor to be sold or served by any person below the age of eighteen years upon any licensed premises, except in individually specified licensed establishments found to be otherwise suitable by the liquor commission in which an approved program of job training and employment for dining room waiters and waitresses is being conducted in cooperation with the University of Hawaii, the state community college system, or a federally sponsored personnel development and training program, under arrangements that ensure proper control and supervision of employees;

[~~(5)~~] (6) Knowingly permit any person under the influence of liquor or disorderly person to be or remain in or on the licensed premises;

[~~(6)~~] (7) Fail immediately to prevent or suppress any violent, quarrelsome, disorderly, lewd, immoral, or unlawful conduct of any person on the premises;

[~~(7)~~] (8) Sell any draught beer unless upon the faucet, spigot, or outlet wherefrom the beer is drawn there is attached a clear and legible notice, placard, or marker which in the English language indicates and declares the name or brand adopted by the manufacturer of the draught beer, so situated as to be clearly legible for a distance of at least ten feet from the spigot, faucet, or outlet, to a purchaser with normal vision; or

[~~(8)~~] (9) Receive from a person, as payment or as a consideration for liquor, any personal or household goods, including clothing and food, or any implements of trade. Any person violating this paragraph shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 281-102."

SECTION 3. Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced as follows without possibility of probation or suspension of sentence:

(1) Except as provided in paragraph (2), for the first offense, or any offense not preceded within a five-year period by a conviction for an offense under this section or section 291E-4(a):

(A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

(B) Ninety-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the ninety-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the ninety-day period, a restriction on a category (1), (2), or (3) license under section 286-102(b) that allows the person to drive for limited work-related purposes and to participate in substance abuse treatment programs;

(i) Seventy-two hours of community service work;

(ii) Not less than forty-eight hours and not more than five days of imprisonment; or

(iii) A fine of not less than $150 but not more than $1,000;

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

(E) [~~May be charged~~] If the court so orders, a surcharge of up to $25 to be deposited into the trauma system special fund [~~if the court so orders~~];

(2) For a first offense committed by a highly intoxicated driver, or for any offense committed by a highly intoxicated driver not preceded within a five-year period by a conviction for an offense under this section or section 291E-4(a):

(A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

(B) Prompt suspension of a license and privilege to operate a vehicle for a period of six months with an absolute prohibition from operating a vehicle during the suspension period;

(i) Seventy-two hours of community service work;

(ii) Not less than forty-eight hours and not more than five days of imprisonment; or

(iii) A fine of not less than $150 but not more than $1,000;

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

(E) [~~May be charged~~] If the court so orders, a surcharge of up to $50 to be deposited into the trauma system special fund [~~if the court so orders~~];

(3) For an offense that occurs within five years of a prior conviction for an offense under this section or section 291E-4(a) by:

(A) Prompt suspension of license and privilege to operate a vehicle for a period of one year with an absolute prohibition from operating a vehicle during the suspension period;

(B) Either one of the following:

(i) Not less than two hundred forty hours of community service work; or

(ii) Not less than five days but not more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively;

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

(E) [~~May be charged~~] If the court so orders, a surcharge of up to $50 to be deposited into the trauma system special fund [~~if the court so orders~~];

(4) For an offense that occurs within five years of two prior convictions for offenses under this section or section 291E-4(a):

(A) A fine of not less than $500 but not more than $2,500;

(B) Revocation of license and privilege to operate a vehicle for a period not less than one year but not more than five years[;] if the offense is for operating a vehicle under the influence of any drug; or for a period of five years if the offense is for operating a vehicle under the influence of alcohol;

(C) Not less than ten days but not more than thirty days imprisonment of which at least forty-eight hours shall be served consecutively;

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

(E) [~~May be charged~~] If the court so orders, a surcharge of up to $50 to be deposited into the trauma system special fund [~~if the court so orders~~]; [~~and~~]

(F) Forfeiture under chapter 712A of the vehicle owned and operated by the person committing the offense; provided that the department of transportation shall provide storage for vehicles forfeited under this subsection; and

(G) House arrest for a period of six months if the offense is for operating a vehicle under the influence of alcohol; and

(5) Any person eighteen years of age or older who is convicted under this section and who operated a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty-eight hours; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (1), (3), or (4)."

SECTION 4. Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced as follows:

(1) For the first offense, or any offense not preceded within a five-year period by a conviction for an offense under this section or section 291E-4(a):

(A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

(B) One-year revocation of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

(i) Seventy-two hours of community service work;

(ii) Not less than forty-eight hours and not more than five days of imprisonment; or

(iii) A fine of not less than $150 but not more than $1,000;

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

(E) [~~May be charged~~] If the court so orders, a surcharge of up to $25 to be deposited into the trauma system special fund [~~if the court so orders~~];

(2) For an offense that occurs within five years of a prior conviction for an offense under this section or section 291E-4(a), and notwithstanding section 706‑623, by probation for not less than eighteen months nor more than two years on the following conditions:

(A) Revocation of license and privilege to operate a vehicle during the probation period and installation during the probation period of an ignition interlock device on any vehicle operated by the person;

(B) Either one of the following:

(i) Not less than two hundred forty hours of community service work; or

(ii) Not more than five days of imprisonment of which at least forty-eight hours shall be served consecutively;

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

(E) [~~May be charged~~] If the court so orders, a surcharge of up to $50 to be deposited into the trauma system special fund [~~if the court so orders~~];

(3) For an offense that occurs within five years of two prior convictions for offenses under this section or section 291E-4(a), and notwithstanding section 706‑623, by probation for two years on the following conditions:

(A) A fine of not less than $500 but not more than $2,500;

(B) Revocation of license and privilege to operate a vehicle during the probation period and installation during the probation period of an ignition interlock device on any vehicle operated by the person;

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

(E) [~~May be charged~~] If the court so orders, a surcharge of up to $50 to be deposited into the trauma system special fund [~~if the court so orders~~];

(F) Revocation of license and privilege to operate a vehicle for a period of five years if the offense is for operating a vehicle under the influence of alcohol; and

(G) House arrest for a period of six months if the offense is for operating a vehicle under the influence of alcohol;

(4) In addition to a sentence imposed under paragraphs (1) through (3), any person eighteen years of age or older who is convicted under this section and who operated a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty-eight hours; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (1), (2), or (3), as applicable. Notwithstanding paragraph (2), the probation period for a person sentenced under this paragraph shall be not less than two years; and

(5) If the person demonstrates to the court that the person:

(A) Does not own or have the use of a vehicle in which the person can install an ignition interlock device during the probation period; or

(B) Is otherwise unable to drive during the probation period,

the person shall be absolutely prohibited from driving during the period of probation provided in paragraphs (1) to (4); provided that the court shall not issue an ignition interlock permit pursuant to subsection (i) and the person shall be subject to the penalties provided by section 291E-62 if the person drives during the probation period."

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2010-2011 for county police departments to increase sobriety check points at high risk sites throughout the State.

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

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. This Act shall take effect upon its approval; provided that section 5 shall take effect on July 1, 2010; provided further that the amendments made to section 291E-61, Hawaii Revised Statutes, under section 3 of this Act shall be repealed on December 31, 2010 and the amendments made to section 291E-61, Hawaii Revised Statutes, under section 4 of this Act shall take effect on January 1, 2011.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2344
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII