HOUSE OF REPRESENTATIVES	H.B. NO.	2349
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HIGHWAY SAFETY.

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

     SECTION 1.  Section 291E-6, Hawaii Revised Statutes, is amended to read as follows:

     "§291E-6  Ignition interlock devices; certification[.],  monitoring, and operations and compliance.  (a)  The director of transportation shall establish and administer a statewide program relating to certification, [and] monitoring, and operating compliance of ignition interlock devices installed pursuant to chapter 291E and shall select a single vendor to install and maintain them.

     (b)  The program shall include standards and model specifications for the alcohol ignition interlock devices and procedures established by the National Highway Traffic Safety Administration for the certification of ignition interlock devices installed pursuant to chapter 291E.  At a minimum, the standards shall require that the devices:

     (1) Be certified by an independent laboratory to meet or exceed the guidelines published by the National Highway Traffic Safety Administration;

     (2)  Operate using an alcohol-specific sensor technology;

     (3)  Employ a digital camera by which a photograph of the person using the device can be incorporated into the electronic record generated by each use of the device;

     (4)  Require a rolling retest by which the driver must, within a specified period of time or distance driven after starting the vehicle, be retested and found to have an alcohol concentration of less than .02, with a margin of error of .01; and

     (5)  Generate a record of vehicle usage, including dates and times driven.

     (c)  The program shall include standards and procedures for the certification of the vendor selected to install and maintain ignition interlock devices pursuant to chapter 291E.  At a minimum, the standards shall require that the vendor:

     (1)  Install only an ignition interlock device that is certified pursuant to this section;

     (2)  Offer or contract for ignition interlock device installation and maintenance statewide;

     (3)  Train drivers who are required to install an ignition interlock device, pursuant to chapter 291E, in how to use the device;

     (4)  Schedule the driver for all necessary readings and maintenance of the device; and

     (5)  Provide periodic reports regarding the use of each ignition interlock device installed pursuant to chapter 291E, including incidents of test failure, attempts to circumvent the device, and dates, times, and distances the vehicle was driven.

     (d)  The vendor selected for installation and maintenance of ignition interlock devices pursuant to chapter 291E shall be audited annually by the director of transportation pursuant to this section and the rules adopted thereunder.  The director of transportation may require the vendor to pay for all or part of the costs incurred in conducting the audit.

(e)  The director of transportation shall review all ignition interlock reports submitted by the vendor and monitor these reports for the compliance and violation as established by  rules.

     [(e)] (f)  The director of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this section."

SECTION 2.  Section 291E-44.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Except as provided in subsection (b), the director may issue a separate permit authorizing a respondent to operate a vehicle owned by the respondent's employer during the period of revocation without installation of an ignition interlock device if the respondent is gainfully employed in a position that requires driving and the respondent will be discharged if prohibited from driving a vehicle not equipped with an ignition interlock device[.]; provided that the respondent's record shows no prior alcohol enforcement contact or drug enforcement contact during the five years preceding the date the notice of administrative revocation was issued."

     SECTION 3.  Section 291E-61, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(b)  A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced without possibility of probation or suspension of sentence 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 the installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

         (C)  Any one or more of the following:

              (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] $300 but not more than $1,000;

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

         (E)  A surcharge, if the court so orders, of up to $25 to be deposited into the trauma system special fund;

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

         (A)  Revocation for not less than eighteen months nor more than two years of license [and privilege to operate a vehicle during the revocation period] and the installation during the revocation 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 less than five days but not more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively;

         (C)  A fine of not less than $500 but not more than $1,500;

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

         (E)  A surcharge of up to $50 if the court so orders, to be deposited into the trauma system special fund;

     (3)  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] $1,000 but not more than $2,500;

         (B)  Revocation for two years of license [and privilege to operate a vehicle during the revocation period] and the installation the revocation period of an ignition interlock device on any vehicle operated by the person;

         (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; and

         (E)  A surcharge of up to $50 if the court so orders, to be deposited into the trauma system special fund;

     (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 paragraphs (1) and (2), the revocation 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 revocation period; or

         (B)  Is otherwise unable to drive during the revocation period, the person shall be absolutely prohibited from driving during the period of applicable revocation 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 applicable revocation period."

     2.  By amending subsection (d) to read:

     "(d)  Except as provided in subsection (c), the court may issue a separate permit authorizing a defendant to operate a vehicle owned by the defendant's employer during the period of revocation without installation of an ignition interlock device if the defendant is gainfully employed in a position that requires driving and the defendant will be discharged if prohibited from driving a vehicle not equipped with an ignition interlock device[.]; provided that it is the defendant's 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)."

     SECTION 4.  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] three years but not more than five years[;] and the installation during the revocation period of an ignition interlock device on any vehicle operated by the person to commence after imprisonment;

         (B)  Not less than ten days imprisonment[, of which at least forty-eight hours shall be served consecutively;];

         (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.

(3) 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 revocation period; or

(B) Is otherwise unable to drive during the revocation period, the person shall be absolutely prohibited from driving during the period of applicable revocation provided in paragraph (2)(A); provided that the court shall not issue an ignition interlock permit pursuant to subsection (2)(A) and the person shall be subject to the penalties provided by section 291E-62 if the person drives during the applicable revocation period.

(C) The courts shall require that the person be subject to an in home monitoring device that will require the person to be tested for alcohol at unannounced times each day during the revocation period.

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

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act, upon its approval, shall take effect on January 1, 2015.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Highway Safety; Motor Vehicle; Ignition Interlock

Description:

Mandates use of an ignition interlock for all offenders convicted and adjudicated for the offense of operating a vehicle under the influence of an intoxicant.  Increases fines for violation.  Removes the exemption for the repeat offender of driving without an ignition interlock for those who are employed and must drive a company vehicle for employment.  Authorizes the Director of Transportation to make administrative rules governing the operation and compliance of the ignition interlock and authorizes penalties under these rules.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.