STAND. COM. REP. NO. 2933

Honolulu, Hawaii

RE:    H.B. No. 1928

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Transportation and International Affairs, to which was referred H.B. No. 1928 entitled:

"A BILL FOR AN ACT RELATING TO TESTING FOR INTOXICANTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to repeal section 291E-68, Hawaii Revised Statutes, which makes refusal to submit to a breath, blood, or urine test a petty misdemeanor.

     Your Committee received testimony in support of this measure from the Office of the Public Defender and Maui County Prosecuting Attorney.  Testimony in opposition was received from Mothers Against Drunk Driving.

     Your Committee finds that the criminalization of the refusal to submit to a chemical test is causing serious problems with the prosecution of individuals arrested for operating a vehicle under the influence of an intoxicant.  Several cases in Maui county have been dismissed because of purported constitutional violations relating to the potential for criminal penalties associated with a defendant's refusal to submit to a chemical test.  In lieu thereof, your Committee finds existing law requiring license revocation in an administrative license revocation proceeding to be an adequate penalty.

     As affirmed by the record of votes of the members of your Committee on Transportation and International Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1928, and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Transportation and International Affairs,

____________________________

J. KALANI ENGLISH, Chair