STAND. COM. REP. NO. 270

Honolulu, Hawaii

RE:    S.B. No. 444

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committee on Transportation and International Affairs, to which was referred S.B. No. 444 entitled:

"A BILL FOR AN ACT RELATING TO HABITUALLY OPERATING A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT,"

begs leave to report as follows:

The purpose and intent of this measure is to expand the definition of "habitual operator of a vehicle while under the influence of an intoxicant" to include persons with a conviction within the last ten years of the offense of habitually operating a vehicle under the influence of an intoxicant.

     Your Committee received testimony in support of this measure from the Department of Transportation, Honolulu Police Department, Office of the Maui Prosecuting Attorney, Maui Police Department, and Mothers Against Drunk Driving.  Your Committee received testimony in opposition to this measure from the State Public Defender and one individual.

     Your Committee finds that under existing law, a person has the status of a habitual operator of a vehicle while under the influence of an intoxicant if the person was convicted three or more times within ten years for offenses of operating a vehicle under the influence of an intoxicant prior to conviction of the instant offense.  This measure makes one or more convictions of habitually operating a vehicle while under the influence punishable to the same extent as three or more prior convictions of operating a vehicle under the influence of an intoxicant.  The intent of this measure is to tighten the laws on drunk driving and to close a possible loophole.

     Your Committee has amended this measure by clarifying the language, on recommendation of the Maui Prosecuting Attorney.

     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 S.B. No. 444, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 444, S.D. 1, 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