STAND. COM. REP. NO.  1232-16

Honolulu, Hawaii

                , 2016

RE:   S.B. No. 612

      S.D. 1

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 612, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROBATION,"

begs leave to report as follows:

The purpose of this measure is to increase public safety on Hawaii's roadways.  Specifically, this measure:

     (1)  Authorizes a court to include a period of probation in sentencing any person convicted of the offense of operating a vehicle under the influence of an intoxicant (OVUII);

     (2)  Provides for a period of probation for any person convicted of operating a vehicle after a license and privilege to operate a motor vehicle have been suspended or revoked for OVUII conviction; and

     (3)  Makes defendants charged with offenses relating to OVUII or operating a vehicle after license and privilege have been suspended or revoked ineligible for deferred acceptance of guilty or nolo contendere pleas.

The County of Kauai Office of the Prosecuting Attorney, County of Hawaii Office of the Prosecuting Attorney, Honolulu Police Department, Hawaii Chapter of Mothers Against Drunk Driving and one individual testified in support.  The Judiciary and Office of the Public Defender provided comments.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 612, S.D. 1, H.D. 1, and recommends that it be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

KARL RHOADS, Chair