STAND. COM. REP. NO. 756

Honolulu, Hawaii

, 2019

RE: H.B. No. 703

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 703 entitled:

"A BILL FOR AN ACT RELATING TO INTOXICATING LIQUOR,"

begs leave to report as follows:

The purpose of this measure is to prohibit any person convicted of Operating a Vehicle Under the Influence of an Intoxicant (OVUII) or Habitually Operating a Vehicle Under the Influence of an Intoxicant (HOVUII) from purchasing or publicly consuming alcohol for a period of three years following conviction or administrative license revocation.

For the purposes of a public hearing on this bill, your Committee circulated a Proposed H.B. No. 703, H.D. 1 (Proposed Draft), and notified the public that it would be accepting testimony on the Proposed Draft, which among other things, amends:

(1) The sentencing requirements for OVUII and HOVUII offenses; and

(2) The threshold for HOVUII offenses.

Keiki Injury Prevention Coalition and several individuals testified in support of the Proposed Draft. The Office of the Public Defender testified in opposition of the Proposed Draft. Mothers Against Drunk Driving Hawaii and two individuals provided comments.

Your Committee considered the merits of both H.B. No. 703, as received by your Committee, and the Proposed Draft, and upon careful consideration, adopted the Proposed Draft and amended the measure further by:

(1) Allowing judges to determine during sentencing for OVUII and HOVUII offenses the length of a probation period and whether a probation period on the purchase or public consumption of liquor is appropriate instead of requiring an automatic prohibition;

(2) Changing its effective date to January 28, 2081; and

(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.

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 H.B. No. 703, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 703, H.D. 1, and be referred to your Committee on Finance.

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

____________________________

CHRIS LEE, Chair