CONFERENCE COMMITTEE REP. NO. 25

Honolulu, Hawaii

, 2021

RE: S.B. No. 412

H.D. 1

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 412, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO OPERATING A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Clarify implied consent law to make an exception for giving a breath, blood, or urine test pursuant to a search warrant or any other basis permissible under the Constitution of the State of Hawaii and state law; and

(2) Exclude habitually operating a vehicle under the influence of an intoxicant from qualifying for deferred acceptance of guilty plea or nolo contendere plea.

Your Committee on Conference finds that each person is typically allowed only one deferred plea in their lifetime, and that it is an opportunity for the person to show the court that they have learned their lesson and are unlikely to reoffend in the future. Your Committee on Conference further finds that because of the repeat nature of the offense and the potential for serious harm to others, offenders who habitually operate a vehicle under the influence of an intoxicant should not be eligible for deferred pleas.

Your Committee on Conference has amended this measure by making it effective upon its approval.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 412, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 412, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ SCOT Z. MATAYOSHI Co-Chair	____________________________ KARL RHOADS Chair
____________________________ LISA MARTEN Co-Chair