THE SENATE	S.B. NO.	2163
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO NEGLIGENT HOMICIDE.

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

SECTION 1. The legislature finds that impairment by drugs and alcohol is a factor in many traffic fatalities in Hawaii. Those killed in drunk driving crashes are given a life sentence. A federal study reviewing data over a three year period found drivers convicted of driving under the influence of alcohol are at least 1.8 times more likely to be in fatal crashes and at least four times as likely to be in fatal crashes involving high blood or breath alcohol levels compared to drivers without prior convictions. According to the national Highway Traffic Safety Administration, motor vehicle crashes that involve an alcohol-impaired driver kill twenty-eight people in the United States every day, amounting to one death every fifty-three minutes. The Centers for Disease Control and Prevention estimates the annual cost of alcohol-related crashes to be greater than forty-four billion dollars. The legislature finds that existing penalties need to be addressed to deter drivers from repeatedly operating their vehicles under the influence of drugs and alcohol and at increased blood or breath alcohol levels to help prevent more traffic fatalities and save lives.

The purpose of this Act is to elevate the penalty of negligent homicide in the first degree from a class B felony to a class A felony when certain conditions are met.

SECTION 2. Section 707-702.5, Hawaii Revised Statutes, is amended to read as follows:

"§707-702.5 Negligent homicide in the first degree. (1) A person commits the offense of negligent homicide in the first degree if that person causes the death of:

(a) Another person by the operation of a vehicle in a negligent manner while under the influence of drugs or alcohol; or

(b) A vulnerable user by the operation of a vehicle in a negligent manner.

(2) [Negligent homicide in the first degree is a class B felony.] A person who violates subsection (1)(b) is guilty of a class B felony.

(3) A person who violates subsection (1)(a) is guilty of a class B felony; provided that the person is guilty of a class A felony when the person:

(a) Has been convicted one or more times for the offense of operating a vehicle under the influence within twenty years of the instant offense;

(b) Is operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant; or

(c) Is a highly intoxicated driver as defined by section 291E-1."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Negligent Homicide; Class A Felony

Description:

Makes it a class A felony for a person to cause the death of another while operating a vehicle in a negligent manner and under the influence of an intoxicant if the person has one or more convictions for operating a vehicle under the influence of an intoxicant within twenty years of the instant offense, a suspended and revoked license and privilege to operate a vehicle due to driving while under the influence of an intoxicant, or the person is a highly intoxicated driver.

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