HOUSE OF REPRESENTATIVES

H.B. NO.

2174

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to operating a vehicle under the influence of an intoxicant.

 

 

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

 

     SECTION 1.  Section 291E-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  In addition to any other civil penalties ordered by the court, a person who violates any offense under this part may be ordered to pay a trauma system surcharge, provided that:

     (1)  The maximum of which may be $10 if the violator is not already required to pay a trauma system surcharge pursuant to the violation of the offense;

     (2)  The maximum of which may be [$25] $          if the violation is an offense under section 291E-61(a)(1), 291E-61(a)(3), or 291E-61(a)(4); and

     (3)  The maximum of which may be [$50] $          if the violation is an offense under section 291E-61(a)(2) or 291E-61.5 or if the offense under section 291E‑61(a)(3) or 291E-61(a)(4) is a second or subsequent offense that occurred within five years of the first offense."

     SECTION 2.  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 [ten-year]      -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]      -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;

          (C)  Any one or more of the following:

              (i)  Seventy-two hours of community service work;

             (ii)  No less than forty-eight hours and no more than five days of imprisonment; or

            (iii)  A fine of no less than $250 but no 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 [ten]       years of a prior conviction for an offense under this section or section 291E-4(a):

          (A)  Revocation for no less than [twenty-four]       months nor more than [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)  No less than [two hundred forty]       hours of community service work; or

             (ii)  No less than [five]       days but no more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively;

          (C)  A fine of no less than [$1,000] $           but no more than [$3,000;] $          ;

          (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 committed by a highly intoxicated operator under this section or section 291E-4(a):

          (A)  Revocation for no less than       months nor more than       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)  No less than       hours of community service work; or

             (ii)  No less than       days but no more than       days of imprisonment, of which at least      hours shall be served consecutively;

          (C)  A fine of no less than $         but no more than $         ;

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

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

    [(3)] (4)  In addition to a sentence imposed under paragraphs (1) [and], (2), and (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) [or], (2), or (3), as applicable.  Notwithstanding paragraphs (1) [and], (2), and (3), the revocation period for a person sentenced under this paragraph shall be no less than two years; and

    [(4)] (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 [(3);] (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 (l) to read:

     "(l)  As used in this section[, the term "examiner]:

     "Examiner of drivers" has the same meaning as provided in section 286-2.

     "Highly intoxicated operator" means a person who operates or assumes actual physical control of a vehicle:

     (1)  With       or more grams of alcohol per two hundred ten liters of breath;

     (2)  With       or more grams of alcohol per one hundred milliliters or cubic centimeters of blood; or

     (3)  With the presence of       or more drugs in an amount that clearly impairs the person's ability to operate a vehicle in a careful and prudent manner."

     SECTION 3.  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 no less than [three]       years but no more than [five]       years;

          (B)  No less than [ten]       days imprisonment, of which at least [forty-eight]       hours shall be served consecutively;

          (C)  A fine of no less than [$2,000] $          but no more than [$5,000;] $         ;

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

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

          (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."

     SECTION 4.  Section 291E-62, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Any person convicted of violating this section shall be sentenced as follows without possibility of probation or suspension of sentence:

     (1)  For a first offense, or any offense not preceded within a [five-year]      -year period by conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001:

          (A)  A term of imprisonment of not less than [three]       consecutive days but not more than [thirty]       days;

          (B)  A fine of not less than [$250] $          but not more than [$1,000;] $         ;

          (C)  Revocation of license and privilege to operate a vehicle for an additional year; and

          (D)  Loss of the privilege to operate a vehicle equipped with an ignition interlock device, if applicable;

     (2)  For an offense that occurs within [five]       years of a prior conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001:

          (A)  [Thirty]       days imprisonment;

          (B)  A [$1,000] $          fine;

          (C)  Revocation of license and privilege to operate a vehicle for an additional two years; and

          (D)  Loss of the privilege to operate a vehicle equipped with an ignition interlock device, if applicable; and

     (3)  For an offense that occurs within five years of two or more prior convictions for offenses under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001, or any combination thereof:

          (A)  [One]       year imprisonment;

          (B)  A [$2,000] $          fine;

          (C)  Permanent revocation of the person's license and privilege to operate a vehicle; and

          (D)  Loss of the privilege to operate a vehicle equipped with an ignition interlock device, if applicable."

     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 shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Operating a Vehicle Under the Influence of an Intoxicant; Penalty Increases

 

Description:

Establishes penalties for and defines "highly intoxicated operator".  Increases license revocation periods and lookback periods for offenses of operating a vehicle under the influence of an intoxicant.  Increases penalties for repeat offenders, habitual offenders, and persons driving on a suspended or revoked license for offenses of operating a vehicle under the influence of an intoxicant.

 

 

 

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