STAND. COM. REP. NO 732

Honolulu, Hawaii

RE:    S.B. No. 612

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committees on Judiciary and Labor and Ways and Means, to which was referred S.B. No. 612, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROBATION,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Provide for a period of probation for any person convicted of the offense of operating a vehicle under the influence of an intoxicant;

     (2)  Mandate a period of probation for any person convicted of operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant; and

     (3)  Make defendants charged with offenses relating to operating a vehicle under the influence of an intoxicant or after license and privilege have been suspended or revoked ineligible for deferred acceptance of guilty or nolo contendere pleas.

     Your Committees received testimony in support of this measure from the Office of the Prosecuting Attorney, County of Kauai; Police Department, City and County of Honolulu; and Mothers Against Drunk Driving, Hawaii Chapter.  Your Committees received testimony in opposition to this measure from one individual.  Your Committees received comments on this measure from the Judiciary.

     Your Committees find that probation is necessary to enhance the monitoring of those convicted of operating a vehicle while under the influence of an intoxicant.  With the imposition of probation and the installation of an ignition interlock, offenders will be better monitored.

     As affirmed by the records of votes of the members of your Committees on Judiciary and Labor and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 612, S.D. 1, and recommend that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Labor and Ways and Means,

________________________________ JILL N. TOKUDA, Chair

________________________________ GILBERT S.C. KEITH-AGARAN, Chair