HB703 HD1

SECTION 1. Section 281-78, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) At no time under any circumstances shall any licensee or its employee:

(1) Sell, serve, or furnish any liquor to, or allow the consumption of any liquor by:

(A) Any minor;

(B) Any person at the time under the influence of liquor;

(D) Any restricted person; or

[~~(D)~~] (E) Any person for consumption in any vehicle that is licensed to travel on public highways;

provided that the consumption or sale of liquor to a minor shall not be deemed to be a violation of this subsection if, in making the sale or allowing the consumption of any liquor by a minor, the licensee was misled by the appearance of the minor and the attending circumstances into honestly believing that the minor was of legal age and the licensee acted in good faith; and provided further that it shall be incumbent upon the licensee to prove that the licensee so acted in good faith;

(2) Permit any liquor to be consumed on the premises of the licensee or on any premises connected therewith, whether there purchased or not, except as permitted by the terms of its license;

(3) Permit any liquor to be sold or served by any person eighteen to twenty years of age except in licensed establishments where selling or serving the intoxicating liquor is part of the minor's employment, and where there is proper supervision of these minor employees to ensure that the minors shall not consume the intoxicating liquor;

(4) Permit any liquor to be sold or served by any person below the age of eighteen years upon any licensed premises, except in individually specified licensed establishments found to be otherwise suitable by the liquor commission in which an approved program of job training and employment for dining room waiters and waitresses is being conducted in cooperation with the University of Hawaii, the state community college system, or a federally sponsored personnel development and training program, under arrangements that ensure proper control and supervision of employees;

(5) Knowingly permit any person under the influence of liquor or disorderly person to be or remain in or on the licensed premises;

(6) Fail to timely prevent or suppress any violent, quarrelsome, disorderly, lewd, immoral, or unlawful conduct of any person on the premises;

(7) Sell any draught beer unless upon the faucet, spigot, or outlet wherefrom the beer is drawn there is attached a clear and legible notice, placard, or marker which in the English language indicates and declares the name or brand adopted by the manufacturer of the draught beer, so situated as to be clearly legible for a distance of at least ten feet from the spigot, faucet, or outlet, to a purchaser with normal vision; or

(8) Receive from a person, as payment or as a consideration for liquor, any personal or household goods, including clothing and food, or any implements of trade. Any person violating this paragraph shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 281-102.

For purposes of this subsection, "restricted person" has the same meaning as in section 712-1250.5."

SECTION 2. Section 281-101.5, Hawaii Revised Statutes, is amended to read as follows:

"§281-101.5 Prohibitions involving minors[;] or restricted persons; penalty. (a) Any adult who provides or purchases liquor for consumption or use by a person under twenty-one years of age or any restricted person shall be guilty of the offense under section 712‑1250.5.

(b) No minor or restricted person shall consume or purchase liquor and no minor or restricted person shall consume or have liquor in the minor's or restricted person's possession or custody in any public place, public gathering, or public amusement, at any public beach or public park, or in any motor vehicle on a public highway; provided that notwithstanding any other law to the contrary, this subsection shall not apply to:

(1) Possession or custody of liquor by a minor or restricted person in the course of delivery, pursuant to the direction of the minor's or restricted person's employer lawfully engaged in business necessitating the delivery;

(2) Possession, custody, or consumption of liquor by a minor or restricted person in connection with the minor's or restricted person's authorized participation in religious ceremonies requiring such possession, custody, or consumption; or

(3) Any person between the ages of eighteen and twenty, who is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health to determine the level of incidence of liquor sales to minors.

(c) No minor or restricted person shall falsify any identification or use any false identification or identification of another person or of a fictitious person for the purpose of buying or attempting to buy liquor or for the purpose of obtaining employment to sell or serve liquor on licensed premises.

(d) Any person under age eighteen who violates this section shall be subject to the jurisdiction of the family court. Any restricted person over the age of twenty-one who violates this section or person age eighteen to twenty-one who violates subsection (b) or (c) shall be guilty of a petty misdemeanor. The court shall order that any person under twenty-one years of age found to be in violation of this section shall have, in addition to any other disposition or sentencing provision permitted by law, the person's license to operate a motor vehicle, or the person's ability to obtain a license to operate a motor vehicle, suspended as follows:

(1) For licensed drivers, the driver's license shall be suspended for not less than one hundred and eighty days with exceptions to allow, at the discretion of the sentencing court, driving to and from school, school-sponsored activities, and employment;

(2) For persons with a provisional license, the provisional license shall be suspended for not less than one hundred and eighty days with exceptions to allow, at the discretion of the sentencing court, driving to and from school, school-sponsored activities, and employment;

(3) For persons with an instruction permit, the instruction permit shall be suspended for not less than one hundred and eighty days with exceptions to allow, at the discretion of the sentencing court, driving to and from school, school-sponsored activities, and employment; or

(4) For persons not licensed to drive, eligibility to obtain a driver's license, provisional license, or instruction permit shall be suspended until the age of seventeen or for one hundred and eighty days, at the discretion of the court; and

(5) Chapter 571 notwithstanding, in any case where a person under the age of eighteen violates this section, the family court judge may suspend the driver's license, provisional license, or instruction permit, or suspend the eligibility to obtain a driver's license, provisional license, or instruction permit in accordance with this section;

provided that the requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a sentence imposed under paragraphs (1) and (2). In addition, all persons whether or not licensed, found to be in violation of this section shall be sentenced to seventy-five hours of community service work, and an eight to twelve hour program of alcohol education and counseling the costs of which shall be borne by the offender or the offender's parent or guardian.

(e) As used in this section[~~, "consume"~~]:

"Consume" or "consumption" includes the ingestion of liquor.

"Restricted person" has the same meaning as in section 712-1250.5."

SECTION 3. Section 286-103, Hawaii Revised Statutes, is amended to read as follows:

"§286-103 Restrictions on driver's license; rules and regulations. (a) The examiner of drivers may adopt rules and regulations restricting the use of a driver's license in any manner the examiner of drivers may deem necessary for the safety and welfare of the traveling public and may impose restrictions with respect to the type of equipment or special mechanical control devices required on the motor vehicle operated by the licensee appropriate to the driving ability of the licensee. Any restrictions shall be indicated on the license issued.

(b) The examiner of drivers shall adopt rules and regulations restricting the use of a driver's license issued to a person prohibited from purchasing or publicly consuming liquor within the probation period invoked upon license revocation for a violation of section 291E-61 or section 291E-61.5 became effective. A license subject to this subsection shall bear the notation "Liquor Restricted" and shall not be accepted as a valid form of identification for the purchase of liquor. A driver's license that bears the notation "Liquor Restricted" shall expire no later than the date upon which the probation period expires."

SECTION 4. Section 286-106, Hawaii Revised Statutes, is amended to read as follows:

"§286-106 Expiration of licenses. Every driver's license issued under this part, except for a provisional license issued under section 286-102.6 which shall expire on the date of the provisional licensee's nineteenth birthday, whether an original issuance or a renewal, shall expire on the first birthday of the licensee occurring not less than eight years after the date of the issuance of the license, unless sooner revoked or suspended; provided that:

(1) The license shall expire on the first birthday of the licensee occurring not less than four years after the date of the issuance if, at the time, the licensee is twenty-four years of age or younger;

(2) The license shall expire on the first birthday of the licensee occurring not less than two years after the date of the issuance of the license if, at that time, the licensee is seventy-two years of age or older; [~~and~~]

(3) If the licensee is a legal immigrant, the license shall expire no later than the licensee's authorized period of stay in the United States[.]; and

(4) A license that bears the notation "Liquor Restricted" issued to any person prohibited from purchasing or publicly consuming liquor during a probation period that commences on the date that revocation of the person's driver's license for violation of section 291E-61 or section 291E-61.5 became effective shall expire no later than the date of expiration of the probation period.

The examiner of drivers may issue a license for a shorter period if the licensee has a physical condition or conditions that the examiner of drivers reasonably believes may impair the driver's ability to drive."

SECTION 5. Section 286-305, Hawaii Revised Statutes, is amended to read as follows:

"§286-305 Contents and characteristics; form. (a) Each identification card issued by the examiner of drivers shall display a distinguishing number assigned to the cardholder, and shall display the following inscription:

"STATE OF HAWAII IDENTIFICATION CARD"

(b) The examiner of drivers, after obtaining the fingerprint of the applicant as provided in this part and after obtaining the information required by or pursuant to this part, shall issue to each applicant an identification card in a form and with identifying information that the director deems necessary and appropriate, including a notation of veteran status, if desired by the applicant, on the front of the card where applicable; provided that such notation shall not include any designation other than the term "veteran". As used in this subsection, "veteran" means any person who served in any of the uniformed services of the United States and was discharged under conditions other than dishonorable.

(d) The identification card shall be designed to prevent its reproduction or alteration without ready detection.

(e) The identification card for individuals under twenty-one years of age shall have characteristics prescribed by the examiner distinguishing it from that issued to [a] an individual who is twenty-one years of age or older.

(f) An identification card issued to an individual who has been convicted for a violation of section 291E-61 or 291E-61.5 and prohibited from purchasing or publicly consuming liquor shall bear the notation "Liquor Restricted". The identification card shall be valid for a probation period, commencing on the date of conviction. The issuance of an identification card pursuant to this subsection shall invalidate any prior identification card issued to the individual, that does not bear the notation required by this subsection, regardless of the date of expiration listed on the identification card. An identification card issued pursuant to this subsection shall not be valid identification for the purchase of liquor."

SECTION 6. Section 291E-34, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (e) to read:

"(e) The notice shall state that, if the respondent's license and privilege to operate a vehicle is administratively revoked after the review, a decision shall be mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, that shall contain, at a minimum, the following information:

(1) The reasons why the respondent's license and privilege to operate a vehicle is administratively revoked;

(2) That the respondent may request the director, within six days of the date the decision is mailed, to schedule an administrative hearing to review the administrative revocation;

(3) That, if the respondent's request for an administrative hearing is received by the director within six days of the date the decision was mailed, the hearing shall be scheduled to commence:

(A) No later than twenty-five days after the date of the issuance of the notice of administrative revocation in the case of an alcohol related offense; and

(B) No later than thirty-nine days after the date of the issuance of the notice of administrative revocation in the case of a drug related offense;

(4) The procedure to request an administrative hearing;

(5) That failure to request an administrative hearing within the time provided shall cause the administrative revocation to take effect for the period and under the conditions established by the director in the decision;

(6) That the respondent may regain the right to a hearing by requesting the director, within sixty days after the issuance of the notice of administrative revocation, to schedule a hearing;

(7) That the director shall schedule the hearing to commence no later than thirty days after a request under paragraph (6) is received, but that, except as provided in section 291E-38(j), the temporary permit shall not be extended if the respondent fails to request an administrative hearing within the initial six-day period provided for that purpose;

(8) That failure to attend the hearing shall cause the administrative revocation to take effect for the period and under the conditions indicated;

(9) The duration of the administrative revocation and other conditions that may be imposed, including: referral to the driver's education program for an assessment of the respondent's substance abuse or dependence and the need for treatment; [~~and~~]

(10) That the respondent shall obtain an ignition interlock permit in order to operate a vehicle during the revocation period if the respondent had a valid license at the time of the arrest[.]; and

(11) That the respondent shall be prohibited from purchasing or publicly consuming liquor for a probation period commencing on the date that the administrative revocation of the respondent's license becomes effective."

2. By amending subsection (h) to read:

"(h) The notice shall state that, if the administrative revocation is sustained at the hearing, a written decision shall be mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, that shall contain, at a minimum, the following information:

(1) The effective date of the administrative revocation;

(2) The duration of the administrative revocation;

(3) Other conditions that may be imposed by law, including the use of an ignition interlock device[;] and a probation period prohibiting the purchase or public consumption of liquor; and

(4) The right to obtain judicial review."

SECTION 7. Section 291E-41, Hawaii Revised Statutes, is amended to read as follows:

"§291E-41 Effective date, conditions, and period of administrative revocation; criteria. (a) Unless an administrative revocation is reversed or the temporary permit is extended by the director, administrative revocation shall become effective on the day specified in the notice of administrative revocation. Except as provided in section 291E-44.5, no license and privilege to operate a vehicle shall be restored under any circumstances during the administrative revocation period. Upon completion of the administrative revocation period, the respondent may reapply and be reissued a license pursuant to section 291E-45.

(b) Except as provided in paragraph (5) and in section 291E-44.5, the respondent shall keep an ignition interlock device installed and operating in any vehicle the respondent operates during the revocation period. Except as provided in section 291E-5, installation and maintenance of the ignition interlock device shall be at the respondent's expense. The periods of administrative revocation, with respect to a license and privilege to operate a vehicle, that shall be imposed under this part are as follows:

(1) A one year revocation of license and privilege to operate a vehicle, if 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;

(2) An eighteen month revocation of license and privilege to operate a vehicle, if the respondent's record shows one prior alcohol enforcement contact or drug enforcement contact during the five years preceding the date the notice of administrative revocation was issued;

(3) A two-year revocation of license and privilege to operate a vehicle, if the respondent's record shows two prior alcohol enforcement contacts or drug enforcement contacts during the five years preceding the date the notice of administrative revocation was issued;

(4) A minimum of five years up to a maximum of ten years revocation of license and privilege to operate a vehicle, if the respondent's record shows three or more prior alcohol enforcement contacts or drug enforcement contacts during the ten years preceding the date the notice of administrative revocation was issued;

(5) For respondents under the age of eighteen years who were arrested for a violation of section 291E-61 or 291E-61.5, revocation of license and privilege to operate a vehicle for the appropriate revocation period provided in paragraphs (1) to (4) or in subsection (c); provided that the respondent shall be prohibited from driving during the period preceding the respondent's eighteenth birthday and shall thereafter be subject to the ignition interlock requirement of this subsection for the balance of the revocation period; or

(6) For respondents, other than those excepted pursuant to section 291E-44.5(c), who do not install an ignition interlock device in any vehicle the respondent operates during the revocation period, revocation of license and privilege to operate a vehicle for the period of revocation provided in paragraphs (1) to (5) or in subsection (c); provided that:

(A) The respondent shall be absolutely prohibited from driving during the revocation period and subject to the penalties provided by section 291E-62 if the respondent drives during the revocation period; and

(B) The director shall not issue an ignition interlock permit to the respondent pursuant to section 291E-44.5;

provided that when more than one administrative revocation, suspension, or conviction arises out of the same arrest, it shall be counted as only one prior alcohol enforcement contact or drug enforcement contact, whichever revocation, suspension, or conviction occurs later.

(1) That the person may refuse to submit to testing in compliance with section 291E-11; and

(2) Of the sanctions of this part and then asked if the person still refuses to submit to a breath, blood, or urine test, in compliance with the requirements of section 291E-15,

the revocation imposed under subsection (b)(1), (2), (3), or (4) shall be for a period of two years, three years, four years, or ten years, respectively.

(d) Whenever a license and privilege to operate a vehicle is administratively revoked under this part, the respondent shall be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the respondent's substance abuse or dependence and the need for treatment. The counselor shall submit a report with recommendations to the director. If the counselor's assessment establishes that the extent of the respondent's substance abuse or dependence warrants treatment, the director shall so order. All costs for assessment and treatment shall be paid by the respondent.

(e) Whenever a license and privilege to operate a vehicle is administratively revoked under this part, the respondent shall be prohibited from purchasing or publicly consuming liquor for a probation period commencing on the date the administrative revocation becomes effective. Any driver's license, identification card, ignition interlock permit, or special permit issued by a court pursuant to section 291E-61 or the director pursuant to section 291E-44.5 to the respondent during the probation period authorizing the respondent to operate a vehicle owned by the respondent's employer shall bear the notation "Liquor Restricted" and shall not be accepted as a valid form of identification for the purchase of liquor.

[(e)] (f) Alcohol and drug enforcement contacts that occurred prior to January 1, 2002, shall be counted in determining the administrative revocation period.

[(f)] (g) The requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a revocation under subsection (b)(1)."

SECTION 8. Section 291E-44.5, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) Except as provided in subsection (b), upon proof that the respondent has installed an ignition interlock device in any vehicle the respondent operates and obtained motor vehicle insurance or self-insurance that complies with the requirements of section 431:10C-104 or 431:10C-105, the director shall issue an ignition interlock permit that will allow the respondent to drive a vehicle equipped with an ignition interlock device during the revocation period. An ignition interlock permit shall bear the notation "Liquor Restricted" and shall not be accepted as a valid form of identification for the purchase of liquor."

2. By amending subsection (c) to read:

"(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. A separate permit issued pursuant to this subsection shall bear the notation "Liquor Restricted" and shall not be accepted as a valid form of identification for the purchase of liquor."

3. By amending subsection (e) to read:

"(e) A permit issued pursuant to subsection (c) shall include restrictions allowing the respondent to drive:

(1) Only during specified hours of employment, not to exceed twelve hours per day, or the period of the specified assigned hours of work, and only for activities solely within the scope of the employment;

(2) Only the vehicles specified; and

(3) Only if the permit is kept in the respondent's possession while operating the employer's vehicle.

A permit issued pursuant to subsection (c) shall bear the notation "Liquor Restricted" and shall not be accepted as a valid form of identification for the purchase of liquor.

In addition, the director may impose other appropriate restrictions."

SECTION 9. Section 291E-45, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) To be eligible for relicensing or renewing the privilege to operate a vessel after a period of administrative revocation has expired, the person shall:

(1) Submit proof to the director of compliance with all conditions imposed by the director;

(2) Obtain a certified statement from the director indicating eligibility for relicensing and for renewing the privilege to operate a vessel;

(3) Present the certified statement to the appropriate licensing official or to the department of land and natural resources, as applicable; and

(4) Successfully complete each requirement, including payment of all applicable fees, for:

(A) Obtaining a new license in this State, pursuant to chapter 286; or

(B) Renewing the privilege to operate a vessel, as may be provided in chapter 200 or rules adopted by the department of land and natural resources pursuant to section 200‑24.

Any license issued or renewed pursuant to this subsection during the probation period that commences on the date the administrative revocation of the person's license became effective shall bear the notation "Liquor Restricted" and shall not be accepted as a valid form of identification for the purchase of liquor. A license that bears the notation "Liquor Restricted" shall expire on the date upon which the probation period expires."

SECTION 10. 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~~] ten-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 installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

(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~~] $250 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; and

(F) A probation period, commencing on the effective date of the license revocation period under subparagraph (B), prohibiting the purchase or public consumption of liquor by the person, if deemed appropriate by the court;

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

(A) Revocation for not less than [~~eighteen~~] twenty-four months nor more than [~~two~~] three years of license and privilege to operate a vehicle during the revocation period and 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;

(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; and

(F) A probation period, commencing on the effective date of the license revocation period under subparagraph (A), prohibiting the purchase or public consumption of liquor by the person, if deemed appropriate by the court;

[~~(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 but not more than $2,500;~~

~~(B)~~ Revocation for two years of license and privilege to operate a vehicle during the revocation period and installation during 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)~~] (3) In addition to a sentence imposed under paragraphs (1) [~~through (3),~~] and (2), 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)[,] or (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)~~] (4) 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);~~] (3); 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. Any separate permit issued pursuant to this subsection to a person prohibited from purchasing or publicly consuming liquor during the probation period that commences on the effective date of the administrative revocation of the person's license shall bear the notation "Liquor Restricted" and shall not be accepted as a valid form of identification for the purchase of liquor. A separate permit that bears the notation "Liquor Restricted" shall expire no later than the date upon which the probation period expires."

3. By amending subsection (j) to read:

"(j) Notwithstanding any other law to the contrary, whenever a court revokes a person's driver's license pursuant to this section, the examiner of drivers shall not grant to the person a new driver's license until the expiration of the period of revocation determined by the court. After the period of revocation is completed, the person may apply for and the examiner of drivers may grant to the person a new driver's license. Any new driver's license granted pursuant to this subsection to a person prohibited from purchasing or publicly consuming liquor during the probation period that commences on the effective date of the administrative revocation of the person's license shall bear the notation "Liquor Restricted" and shall not be accepted as a valid form of identification for the purchase of liquor. A driver's license that bears the notation "Liquor Restricted" shall expire no later than the date upon which the probation period expires."

SECTION 11. Section 291E-61.5, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) For the purposes of this section:

(1) "Convicted [~~three~~] two or more times for offenses of operating a vehicle under the influence" means that, at the time of the behavior for which the person is charged under this section, the person had [~~three~~] two or more times [~~within ten years of the instant offense~~]:

(A) A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for a violation of section 291-4, 291-4.4, or 291-7 as those sections were in effect on December 31, 2001, or section 291E-61 or 707-702.5;

(B) A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for an offense that is comparable to section 291-4, 291-4.4, or 291-7 as those sections were in effect on December 31, 2001, or section 291E-61 or 707-702.5; or

(C) An adjudication of a minor for a law or probation violation that, if committed by an adult, would constitute a violation of section 291-4, 291-4.4, or 291-7 as those sections were in effect on December 31, 2001, or section 291E-61 or 707-702.5,

that, at the time of the instant offense, had not been expunged by pardon, reversed, or set aside. All convictions that have been expunged by pardon, reversed, or set aside prior to the instant offense shall not be deemed prior convictions for the purposes of proving that the person is a habitual operator of a vehicle while under the influence of an intoxicant.

(2) "Convicted one or more times for offenses of habitually operating a vehicle under the influence" means that, at the time of the behavior for which the person is charged under this section, the person had one or more times [~~within ten years of the instant offense~~]:

(A) A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for a violation of this section or section 291-4.4 as that section was in effect on December 31, 2001;

(B) A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for an offense that is comparable to this section or section 291-4.4 as that section was in effect on December 31, 2001; or

(C) An adjudication of a minor for a law or probation violation that, if committed by an adult, would constitute a violation of this section or section 291-4.4 as that section was in effect on December 31, 2001,

that, at the time of the instant offense, had not been expunged by pardon, reversed, or set aside. All convictions that have been expunged by pardon, reversed, or set aside prior to the instant offense shall not be deemed prior convictions for the purposes of proving the person's status as a habitual operator of a vehicle while under the influence of an intoxicant.

(3) "Habitual operator of a vehicle while under the influence of an intoxicant" means that the person:

(A) Was convicted [~~three~~] two or more times for offenses of operating a vehicle under the influence; or

(B) Was convicted one or more times for offenses of habitually operating a vehicle under the influence."

2. By amending subsection (d) to read:

"(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;

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

[~~(C)~~] (D) Referral to a certified substance abuse counselor as provided in section 291E-61(d);

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

[~~(E)~~] (F) May be charged a surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders.

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. In addition to all other penalties provided, any person convicted under this section shall be prohibited, for a probation period commencing on the effective date of the license revocation period under subparagraph (A), from purchasing or publicly consuming liquor, if deemed appropriate by the court."

3. By amending subsection (f) to read:

"(f) Notwithstanding any other law to the contrary, whenever a court revokes a person's driver's license pursuant to this section, the examiner of drivers shall not grant to the person a new driver's license until expiration of the period of revocation determined by the court. After the period of revocation is complete, the person may apply for and the examiner of drivers may grant to the person a new driver's license. Any new driver's license granted pursuant to this subsection to a person prohibited from purchasing or publicly consuming liquor during the probation period that commences on the effective date of the administrative revocation of the person's license shall bear the notation "Liquor Restricted" and shall not be accepted as a valid form of identification for the purchase of liquor. A driver's license that bears the notation "Liquor Restricted" shall expire no later than the date upon which the probation period expires."

SECTION 12. Section 291E-61.6, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) Any person under subsection (a) may file a petition in the district court for permission to apply for an ignition interlock instruction permit that will allow the person to take the driving demonstration portion of the driver's license examination. The petition shall be filed with the clerk of the district court in the district in which the arrest occurred and shall be accompanied by the required filing fee for civil actions. The petition shall include the following:

(1) A certified court abstract establishing that other than the instant offense, the petitioner has no pending traffic matters, outstanding fines, outstanding court costs, and outstanding restitution;

(2) A certified statement from the director establishing that the petitioner has complied with all requirements, including payment of applicable fees, undergone substance abuse assessment and treatment, and surrendered motor vehicle registration and vehicle number plates, if applicable; and

(3) A proposed order.

In determining whether the petitioner may be granted an ignition interlock instruction permit, the district court shall consider whether the requirements of paragraphs (1) through (3) are met and may also consider any other factors, including but not limited to the petitioner's criminal and traffic record after receiving a lifetime license revocation, and based on the foregoing, the district court shall determine whether an order allowing the petitioner to apply to the director for an ignition interlock instruction permit and requiring the director to remove any stopper placed on the petitioner's motor vehicle registration files pursuant to part III of chapter 291E, as applicable, shall be issued; provided that the petitioner complies with applicable driver licensing requirements under part VI of chapter 286, and proof of financial responsibility under chapter 287. Upon submission of the order to the director, the director shall remove any stopper placed on the person's motor vehicle registration files and issue a certified statement indicating eligibility for an ignition interlock instruction permit.

Any ignition interlock instruction permit issued pursuant to this subsection to a person prohibited from purchasing or publicly consuming liquor during the probation period that commences on the effective date of the administrative revocation of the person's license shall bear the notation "Liquor Restricted" and shall not be accepted as a valid form of identification for the purchase of liquor. An ignition interlock instruction permit that bears the notation "Liquor Restricted" shall expire no later than the date upon which the probation period expires."

2. By amending subsection (d) to read:

"(d) Upon showing the ignition interlock instruction permit to the examiner of drivers, an applicant may take the driving demonstration portion of the driver's license examination in accordance with section 286-108. Upon successful completion of the driving demonstration portion of the driver's license examination, an applicant may apply to the director for an ignition interlock permit pursuant to section 291E-44.5. If granted, the ignition interlock permit shall expire as provided in this section and section 286-106 or upon the end of the revocation period, whichever occurs first.

Any ignition interlock permit issued pursuant to this subsection to a person prohibited from purchasing or publicly consuming liquor during the probation period that commences on the effective date of the administrative revocation of the person's license shall bear the notation "Liquor Restricted" and shall not be accepted as a valid form of identification for the purchase of liquor. An ignition interlock permit that bears the notation "Liquor Restricted" shall expire no later than the date upon which the probation period expires."

SECTION 13. Section 712-1250.5, Hawaii Revised Statutes, is amended to read as follows:

"§712-1250.5 Promoting intoxicating liquor to a person under the age of twenty-one[.] or a restricted person. (1) A person, including any licensee as defined in section 281-1, commits the offense of promoting intoxicating liquor to a person under the age of twenty-one or a restricted person if the person recklessly:

(a) Sells or offers for sale, influences the sale, serves, delivers, or gives to a person intoxicating liquor, and the person receiving the intoxicating liquor is a person under the age of twenty-one[;] or a restricted person; or

(b) Permits a person to possess intoxicating liquor while on property under [~~his~~] the person's control, and the person possessing the intoxicating liquor is a person under the age of twenty-one[.] or a restricted person.

(2) It is a defense to a prosecution for promoting intoxicating liquor to a person under the age of twenty-one or a restricted person that:

(a) The intoxicating liquor provided to the person under the age of twenty-one or restricted person was an ingredient in a medicine prescribed by a licensed physician for medical treatment of the person under the age of twenty-one[;] or restricted person;

(b) The intoxicating liquor was provided to the person under the age of twenty-one or restricted person as part of a ceremony of a recognized religion;

(c) The defendant provided the intoxicating liquor to the person under the age of twenty-one or restricted person with the belief, which was reasonable under the circumstances, that the person under the age of twenty-one had attained the age of twenty-one[;] or was not a restricted person;

(d) The defendant provided the intoxicating liquor to the person under the age of twenty-one with the express consent of the parent or legal guardian and with the belief, which was reasonable under the circumstances, that the person under the age of twenty-one would not consume any portion of the substance;

(e) The defendant provided the intoxicating liquor to the person under the age of twenty-one with the express consent of the parent or legal guardian and with the belief, which was reasonable under the circumstances, that the person under the age of twenty-one would consume the substance only in the presence of the parent or legal guardian; or

(f) The intoxicating liquor was possessed by the person under the age of twenty-one or restricted person to be sold or served as allowed by law.

(3) The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character, nature, and quantity of the intoxicating liquor possessed, distributed, or sold.

The fact that the defendant distributed or sold intoxicating liquor to a person under the age of twenty-one or a restricted person is prima facie evidence that the defendant knew the transferee was a person under the age of twenty-one[,] or a restricted person except as provided in subsection (2)(c).

(4) Promoting intoxicating liquor to a person under the age of twenty-one or a restricted person is a misdemeanor.

(5) For purposes of this section, "restricted person" means a person who holds any driver's license, identification card, ignition interlock permit, or special permit that bears the notation "Liquor Restricted" due to conviction or administrative license revocation for violation of section 291E-61 or section 291E-61.5."

SECTION 14. Section 712-1252, Hawaii Revised Statutes, is amended to read as follows:

"§712-1252 Knowledge of character, nature, or quantity of substance, or character or age of transferee; prima facie evidence. (1) The fact that a person engaged in the conduct specified by any section in this part is prima facie evidence that the person engaged in that conduct with knowledge of the character, nature, and quantity of the dangerous drug, harmful drug, detrimental drug, or intoxicating compounds possessed, distributed, or sold.

(2) The fact that the defendant distributed or sold a dangerous drug, harmful drug, detrimental drug, or intoxicating compound to a minor or a restricted person is prima facie evidence that the defendant knew the transferee to be a minor[.] or a restricted person.

(3) For purposes of this section, "restricted person" has the same meaning as in section 712-1250.5."

SECTION 15. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 16. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 18. This Act shall take effect on January 28, 2081.

HOUSE OF REPRESENTATIVES	H.B. NO.	703
THIRTIETH LEGISLATURE, 2019		H.D. 1
STATE OF HAWAII