STAND. COM. REP. NO. 1703

Honolulu, Hawaii

, 2021

RE: S.B. No. 412

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Finance, to which was referred S.B. No. 412, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Clarify the implied consent law to make exceptions 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 the offense of habitually operating a vehicle under the influence of an intoxicant from qualifying for deferred acceptance of a guilty plea or nolo contendere plea.

Your Committee received testimony in support of this measure from the Hawaii Strategic Highway Safety Plan, Office of the Prosecuting Attorney of the County of Hawai‘i, Office of the Prosecuting Attorney of the County of Kaua‘i, Department of the Prosecuting Attorney of the County of Maui, Department of the Prosecuting Attorney of the City and County of Honolulu, Hawai‘i Police Department, Maui Police Department, and Honolulu Police Department. Your Committee received testimony in opposition to this measure from the Office of the Public Defender and Hawai‘i Association of Criminal Defense Lawyers.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 412, H.D. 1, and recommends that it pass Third Reading.

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

____________________________

SYLVIA LUKE, Chair