SB1028

PART I

SECTION 1. The legislature finds that charging fees, fines, and court costs to youth is harmful to young people and their families. In Hawaii, the consequences of these costs fall disproportionately on Native Hawaiian, Pacific Islander, and Black youth, who are more likely to be arrested, detained, and unable to afford fees and fines. The legislature also finds that, although existing law authorizes courts to charge youth and their families a range of fees and fines, judges across the State rarely impose these costs in practice.

The legislature recognizes that assessing fines in juvenile justice proceedings is not an evidence-based practice for rehabilitating, deterring, or even punishing delinquent youth. Parents may be forced to choose between paying court costs or meeting basic needs. The economic burdens placed on juveniles and their families can undermine public safety by leading to recidivism and escalating crime. Additionally, jurisdictions on the mainland that charge fines and fees to minors often spend more money trying to collect those outstanding debts than they receive in revenue.

The legislature notes that many states are seeking to reform or repeal fines and fees against juveniles and their families. In 2021 and 2022, twenty-seven states introduced legislation to end the practice of assessing fines and fees in juvenile justice proceedings. California, Nevada, Oregon, and numerous counties in other states have prohibited the imposition of fees and fines in juvenile justice cases. The legislature believes that Hawaii should make similar efforts and that fees and fines should not be assessed for mistakes made in a person's youth, regardless of the age at which or jurisdiction in which the person is adjudicated or sentenced.

The legislature further finds that data from January 2019 through September 2024, shows that only thirty-two per cent of restitution ordered by the courts against minors was paid during that six-year period. Excluding payments for restitution, only seventeen per cent of fines ordered by the courts against minors was paid during that same timeframe. The data reflects that minors and their parents, the large majority of which are Native Hawaiian, are struggling to cover the exorbitant debt assessed to them by the courts.

Accordingly, the purpose of this Act is to allow a court to order community service in place of the assessment of any fines and fees against a person who is adjudicated for a traffic offense committed while the person was a minor under the age of eighteen years, or against the person's parent or guardian.

PART II

SECTION 2. Section 286-136, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) Any person who violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be penalized as follows:

(1) For a first offense, or any offense not preceded within a five-year period for the same offense, the person shall pay a fine of [no] not more than $1,000 or serve a term of imprisonment of [no] not more than thirty days, or both;

(2) For an offense that occurs within five years of a prior conviction for the same offense, the person shall pay a minimum fine of $500 and a maximum fine of $1,000, or serve a term of imprisonment of [no] not more than one year, or both; or

(3) For an offense that occurs within five years of two or more prior convictions for the same offense, the person shall be guilty of a class C felony; provided that the court, as part of the person's sentencing, may order that the vehicle used by the person in the commission of the offense be subject to forfeiture under chapter 712A."

2. By amending subsection (c) to read:

"(c) Notwithstanding subsections (a) and (b), a minor under the age of eighteen years under the jurisdiction of the family court who is subject to this section [~~shall either~~]:

(1) May lose the right to drive a motor vehicle until the age of eighteen [~~or be subject to a fine of $500.~~] years; and

(2) In place of any financial penalty provided for in this section against a person who is adjudicated of an offense committed while the person was a minor under the age of eighteen years, or against the person's parent or guardian for the person's offense, the court may order the minor to participate in community service of not more than seventy-two hours; provided that the community service shall not interfere with the minor's school or work commitments."

SECTION 3. Section 286G-3, Hawaii Revised Statutes, is amended to read as follows:

"§286G-3 Driver education assessments. (a) [A] Except as provided in subsection (e), a driver education assessment of $7 shall be levied on a finding that a violation of a statute or county ordinance relating to vehicles or their drivers or owners occurred, except for[:] offenses:

(1) [~~Offenses relating~~] Relating to stopping (when prohibited), standing, or parking;

(2) [~~Offenses relating~~] Relating to registration; and

(3) [~~Offenses by~~] By pedestrians.

(b) [~~Driver~~] Except as provided in subsection (e), driver education assessments of:

(1) $100 shall be levied on persons convicted under section 291E-61 or 291E-61.5 to defray costs of services provided by the driver education and training program;

(2) $50 shall be levied on persons required to attend a child passenger restraint system safety class under section 291-11.5; and

(3) $75 shall be levied on persons convicted under section 291C-105 to defray costs of services provided by the driver education and training program.

(c) The driver education assessments levied by subsections (a) and (b) shall be paid for each violation in addition to any fine imposed by the court, and regardless of whether a fine is suspended; provided that the driver education assessment of $100 levied on a person convicted under section 291E-61 or 291E-61.5 may be waived by the court if the court determines that the person is unable to pay the driver education assessment.

(d) The amount of each driver education assessment levied by subsections (a) and (b) shall be transmitted by the clerk of the court for deposit in the driver education and training fund.

(e) In place of any financial penalty provided for in this section against a person who is adjudicated for an offense committed while the person was a minor under the age of eighteen years, or against the person's parent or guardian for the person's offense, the court may order the person to participate in community service of not more than seventy-two hours; provided that the community service shall not interfere with the person's school or work commitments."

SECTION 4. Section 291C-12, Hawaii Revised Statutes, is amended to read as follows:

"§291C-12 Collisions involving [~~death~~ or] serious bodily injury[.] or death. (a) The driver of any vehicle involved in a collision resulting in serious bodily injury to or death of any person shall immediately stop the vehicle at the scene of the collision or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the collision until the driver has fulfilled the requirements of section 291C‑14. Every stop shall be made without obstructing traffic more than is necessary.

(b) Any person who violates subsection (a) shall be guilty of a class B felony.

(d) [~~For~~] Except as provided in subsection (f), for any violation under this section, a surcharge of $500 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

(e) [~~For~~] Except as provided in subsection (f), for any violation under this section, a surcharge of up to $500 may be imposed, in addition to other penalties, [~~which~~] and if imposed, shall be deposited into the trauma system special fund.

(f) In place of any financial penalty provided for in this section against a person who is adjudicated for an offense committed while the person was a minor under the age of eighteen years, or against the person's parent or guardian for the person's offense, the court may order the person to participate in community service of not more than seventy-two hours; provided that the community service shall not interfere with the person's school or work commitments."

SECTION 5. Section 291C-12.5, Hawaii Revised Statutes, is amended to read as follows:

"§291C-12.5 Collisions involving substantial bodily injury. (a) The driver of any vehicle involved in a collision resulting in substantial bodily injury to any person shall immediately stop the vehicle at the scene of the collision or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the collision until the driver has fulfilled the requirements of section 291C-14. Every stop shall be made without obstructing traffic more than is necessary.

(b) Any person who violates subsection (a) shall be guilty of a class C felony.

(c) [~~For~~] Except as provided in subsection (e), for any violation under this section, a surcharge of $250 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

(d) [~~For~~] Except as provided in subsection (e), for any violation under this section, a surcharge of up to $250 may be imposed, in addition to other penalties, [~~which~~] and if imposed, shall be deposited into the trauma system special fund.

SECTION 6. Section 291C-12.6, Hawaii Revised Statutes, is amended to read as follows:

"§291C-12.6 Collisions involving bodily injury. (a) The driver of any vehicle involved in a collision resulting in bodily injury to any person shall immediately stop the vehicle at the scene of the collision or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the collision until the driver has fulfilled the requirements of section 291C-14. Every stop shall be made without obstructing traffic more than is necessary.

(b) Any person who violates subsection (a) shall be guilty of a misdemeanor.

(c) [~~For~~] Except as provided in subsection (e), for any violation under this section, a surcharge of $100 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

(d) [~~For~~] Except as provided in subsection (e), for any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, [~~which~~] and if imposed, shall be deposited into the trauma system special fund.

SECTION 7. Section 291C-14, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, [~~which~~] and if imposed, shall be deposited into the trauma system special fund[.]; provided that in place of any financial penalty provided for in this section against a person who is adjudicated for an offense committed while the person was a minor under the age of eighteen years, or against the person's parent or guardian for the person's offense, the court may order the person to participate in community service of not more than seventy-two hours; provided that the community service shall not interfere with the person's school or work commitments."

SECTION 8. Section 291C-15, Hawaii Revised Statutes, is amended to read as follows:

"§291C-15 Duty upon striking unattended vehicle or other property. (a) The driver of any vehicle [~~which~~] that collides with or is involved in a collision with any vehicle or other property that is unattended resulting in any damage to the other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of the vehicle or other property of the driver's name, address, and the registration number of the vehicle the driver is driving or shall attach securely in a conspicuous place in or on the vehicle or other property a written notice giving the driver's name, address, and the registration number of the vehicle the driver is driving and shall without unnecessary delay notify the nearest police officer. Every stop shall be made without obstructing traffic more than is necessary.

(b) For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund[.]; provided that in place of any financial penalty provided for in this section shall be levied against a person who is adjudicated for an offense committed while the person was a minor under the age of eighteen years, or against the person's parent or guardian for the person's offense, the court may order the person to participate in community service of not more than seventy-two hours; provided that the community service shall not interfere with the person's school or work commitments."

SECTION 9. Section 291E-7, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) [In] Except as provided in subsection (d), 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:~~] the maximum of which may be:

(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);

(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.

(b) The surcharge shall not be ordered [~~when~~]:

(1) When the court determines that the defendant is unable to pay the surcharge[.]; or

(2) The court orders community service in place of the surcharge against a person who is adjudicated for an offense committed while the person was a minor under the age of eighteen years, or against the person's parent or guardian for the person's offense."

SECTION 10. Section 291E-61, Hawaii Revised Statutes, is amended to read as follows:

"§291E-61 Operating a vehicle under the influence of an intoxicant. (a) A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual physical control of a vehicle:

(1) While under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty;

(2) While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner;

(3) With .08 or more grams of alcohol per two hundred ten liters of breath; or

(4) With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood.

(b) [A] Except as provided in subsection (l), 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) Except as provided in paragraph (4), for the first offense, or any offense not preceded within a ten-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 programs deemed appropriate by the court;

(B) Revocation of license to operate a vehicle for [no] not less than one year and [no] not more than eighteen months;

(D) Any one or more of the following:

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

(ii) [No] Not less than forty-eight hours and [no] not more than five days of imprisonment; or

(iii) A fine of [no] not less than $250 and [no] not more than $1,000;

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

(F) 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:

(A) A substance abuse program of at least thirty-six hours, including education and counseling, or other comparable programs deemed appropriate by the court;

(B) Revocation of license to operate a vehicle for [no] not less than two years and [no] not more than three years;

(D) Either one of the following:

(i) [No] Not less than two hundred forty hours of community service work; or

(ii) [No] Not less than five days and [no] not more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively;

(E) A fine of [no] not less than $1,000 and [no] not more than $3,000, to be deposited into the drug and alcohol toxicology testing laboratory special fund;

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

(G) A surcharge of up to $50, if the court so orders, to be deposited into the trauma system special fund;

(3) In addition to a sentence imposed under paragraphs (1) and (2), 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), as applicable. Notwithstanding paragraphs (1) and (2), the revocation period for a person sentenced under this paragraph shall be [no] not less than two years;

(4) In addition to a sentence imposed under paragraph (1), for a first offense under this section, or an offense not preceded within a ten-year period by a conviction for an offense, any person who is convicted under this section and was a highly intoxicated driver at the time of the subject incident shall be sentenced to an additional mandatory term of imprisonment for forty‑eight consecutive hours and an additional mandatory revocation period of six months; 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). Notwithstanding paragraph (1), the revocation period for a person sentenced under this paragraph shall be [no] not less than eighteen months;

(5) In addition to a sentence under paragraph (2), for an offense that occurs within ten years of a prior conviction for an offense under this section, any person who is convicted under this section and was a highly intoxicated driver at the time of the subject incident shall be sentenced to an additional mandatory term of imprisonment of ten consecutive days and an additional mandatory revocation period of one year; 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 (2), as applicable. Notwithstanding paragraph (2), the revocation period for a person sentenced under this paragraph shall be [no] not less than three years;

(6) A person sentenced pursuant to paragraph (1)(B) may file a motion for early termination of the applicable revocation period if the person:

(A) Was not sentenced to any additional mandatory revocation period pursuant to paragraph (3) or (4);

(B) Actually installed and maintained an ignition interlock device on all vehicles operated by the person for a continuous period of six months, after which the person maintained the ignition interlock device on all vehicles operated by the person for a continuous period of three months without violation;

(C) Includes with the person's motion for early termination a certified court abstract establishing that the person was not sentenced to any additional mandatory revocation period pursuant to paragraph (3) or (4);

(D) Includes with the person's motion for early termination a certified statement from the director of transportation establishing that:

(i) The person installed and maintained an ignition interlock device on all vehicles operated by the person for a continuous period of six months; and

(ii) After the six-month period, the person maintained the ignition interlock device on all vehicles operated by the person for a continuous period of three months without violation; and

(E) Has complied with all other sentencing requirements.

Nothing in this paragraph shall require a court to grant early termination of the revocation period if the court finds that continued use of the ignition interlock device will further the person's rehabilitation or compliance with this section;

(7) 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 prohibited from driving during the period of applicable revocation provided in paragraphs (1) to (5); provided that the person shall be sentenced to the maximum license revocation period, 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; and

(8) For purposes of this subsection, "violation" means:

(A) Providing a sample of .04 or more grams of alcohol per two hundred ten liters of breath when starting the vehicle, unless a subsequent test performed within ten minutes registers a breath alcohol concentration lower than .02 and the digital image confirmed the same person provided both samples;

(B) Providing a sample of .04 or more grams of alcohol per two hundred ten liters of breath on a rolling retest, unless a subsequent test performed within ten minutes registers a breath alcohol concentration lower than .02 and the digital image confirms the same person provided both samples;

(D) Violating section 291E-66; or

(E) Failing to provide a clear photo of the person when the person blows into the ignition interlock device.

(c) Except as provided in sections 286-118.5 and 291E‑61.6, the court shall not issue an ignition interlock permit to[:] a defendant:

(1) [~~A defendant whose~~] Whose license is expired, suspended, or revoked as a result of action other than the instant offense;

(2) [~~A defendant who~~] Who does not hold a valid license at the time of the instant offense;

(3) [~~A defendant who~~] Who holds either a category 4 license under section 286-102(b) or a commercial driver's license under section 286-239(a), unless the ignition interlock permit is restricted to a category 1, 2, or 3 license under section 286-102(b); or

(4) [~~A defendant who~~] Who holds a license that is a learner's permit or instruction permit.

(d) Except as provided in subsection (c), the court may issue a separate permit authorizing a defendant to operate a vehicle owned by the defendant's employer during the period of revocation without installation of an ignition interlock device if the defendant is gainfully employed in a position that requires driving and the defendant will be discharged if prohibited from driving a vehicle not equipped with an ignition interlock device.

(e) A request made pursuant to subsection (d) shall be accompanied by[:] sworn statements from:

(1) [~~A sworn statement from the~~] The defendant containing facts establishing that the defendant currently is employed in a position that requires driving and that the defendant will be discharged if prohibited from driving a vehicle not equipped with an ignition interlock device; and

(2) [~~A sworn statement from the~~] The defendant's employer establishing that the employer will, in fact, discharge the defendant if the defendant cannot drive a vehicle that is not equipped with an ignition interlock device and identifying the specific vehicle the defendant will drive for purposes of employment and the hours of the day, not to exceed twelve hours per day, or the period of the specified assigned hours of work, the defendant will drive the vehicle for purposes of employment.

(f) A permit issued pursuant to subsection (d) shall include restrictions allowing the defendant to drive[:] only:

(1) [~~Only during~~] During specified hours of employment, not to exceed twelve hours per day, or the period of the specified assigned hours of work, and only for activities solely within the scope of the employment;

(2) [~~Only the~~] The vehicle specified; and

(3) [~~Only if~~] If the permit is kept in the defendant's possession while operating the employer's vehicle.

(g) Notwithstanding any other law to the contrary, any:

(1) Conviction under this section, section 291E-4(a)[,] or [~~section~~] 291E-61.5;

(2) Conviction in any other state or federal jurisdiction for an offense that is comparable to operating or being in physical control of a vehicle while having either an unlawful alcohol concentration or an unlawful drug content in the blood or urine or while under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant; or

(3) Adjudication of a minor for a law violation that, if committed by an adult, would constitute a violation of this section or an offense under section 291E-4(a)[,] or [~~section~~] 291E-61.5,

shall be considered a prior conviction for the purposes of imposing sentence under this section. Any judgment on a verdict or a finding of guilty, a plea of guilty or nolo contendere, or an adjudication, in the case of a minor, that at the time of the offense has not been expunged by pardon, reversed, or set aside shall be deemed a prior conviction under this section.

(h) Whenever a court sentences a person pursuant to subsection (b), it also shall require that the offender be referred to the driver's education program for an assessment, by a certified substance abuse counselor deemed appropriate by the court, of the offender's substance abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court shall require the offender to obtain appropriate treatment if the counselor's assessment establishes the offender's substance abuse or dependence. [~~All~~] Except as provided in subsection (l), all costs for assessment and treatment shall be borne by the offender.

(i) Upon proof that the defendant has:

(1) Installed an ignition interlock device in any vehicle the defendant operates pursuant to subsection (b); and

(2) Obtained motor vehicle insurance or self-insurance that complies with the requirements under either section 431:10C-104 or section 431:10C-105, the court shall issue an ignition interlock permit that will allow the defendant to drive a vehicle equipped with an ignition interlock device during the revocation period.

(j) Notwithstanding any other law to the contrary, whenever a court revokes a person's driver's license pursuant to this section, the examiner of drivers shall not grant to the person a new driver's license until the expiration of the period of revocation determined by the court. After the period of revocation is completed, the person may apply for and the examiner of drivers may grant to the person a new driver's license.

(k) [~~Any~~] Except as provided in subsection (l), any person sentenced under this section may be ordered to reimburse the county for the cost of any blood or urine tests conducted pursuant to section 291E-11. The court shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood or urine test. Except as provided in section 291E-5, installation and maintenance of the ignition interlock device required by subsection (b) shall be at the defendant's own expense.

(l) For any person sentenced pursuant to this section for an offense committed while the person was a minor under the age of eighteen years, in place of any financial penalties or surcharges against the person or the person's parent or guardian for the minor's offense, the court may order the person to participate in community service of not more than seventy-two hours; provided that the community service shall not interfere with the person's school or work commitments.

[~~(l)~~] (m) As used in this section, the term "examiner of drivers" has the same meaning as provided in section 286-2."

SECTION 11. Section 291E-61.5, Hawaii Revised Statutes, is amended to read as follows:

"§291E-61.5 Habitually operating a vehicle under the influence of an intoxicant. (a) A person commits the offense of habitually operating a vehicle under the influence of an intoxicant if:

(1) The person is a habitual operator of a vehicle while under the influence of an intoxicant; and

(2) The person operates or assumes actual physical control of a vehicle:

(A) While under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty;

(B) While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner;

(D) With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood.

(b) Habitually operating a vehicle while under the influence of an intoxicant is a class C felony.

(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 to operate a vehicle for a period [no] not less than three years but [no] not more than five years, with mandatory installation of an ignition interlock device in all vehicles operated by the respondent during the revocation period;

(B) [No] Not less than ten days imprisonment, of which at least forty-eight hours shall be served consecutively;

(C) A fine of [no] not less than $2,000 but [no] not more than $5,000, to be deposited into the drug and alcohol toxicology testing laboratory special fund;

(D) Referral to a certified substance abuse counselor as provided in subsection (e);

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

(F) 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.

(d) [~~For~~] Except as provided in subsection (h), for any person who is convicted under this section and was a highly intoxicated driver at the time of the subject incident, the offense shall be a class B felony and the person shall be sentenced to the following:

(1) An indeterminate term of imprisonment of ten years; or

(2) A term of probation of five years, with conditions to include the following:

(A) Permanent revocation of license to operate a vehicle;

(B) [No] Not less than eighteen months imprisonment;

(D) Referral to a certified substance abuse counselor as provided in subsection (e).

In addition to the foregoing, any vehicle owned and operated by the person who committed the offense shall be subject to forfeiture pursuant to chapter 712A.

(e) Whenever a court sentences a person under this section, it shall also require that the offender be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the offender's substance abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court shall require the offender to obtain appropriate treatment if the counselor's assessment establishes the offender's substance abuse or dependence. [~~All~~] Except as provided in subsection (h), all costs for assessment and treatment shall be borne by the offender.

(f) Notwithstanding any other law to the contrary, whenever a court revokes a person's driver's license pursuant to this section, the examiner of drivers shall not grant to the person a new driver's license until expiration of the period of revocation determined by the court. After the period of revocation is complete, the person may apply for and the examiner of drivers may grant to the person a new driver's license.

(g) [~~Any~~] Except as provided in subsection (h), any person sentenced under this section may be ordered to reimburse the county for the cost of any blood or urine tests conducted pursuant to section 291E-11. The court shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood or urine test.

(h) In place of any financial penalty or surcharge under subsection (c) or (d) against a person who is adjudicated or sentenced under this section while the person was a minor under the age of eighteen years, or against the person's parent or guardian for the person's offense, the court may order the person to participate in community service of not more than seventy-two hours; provided that the community service shall not interfere with the person's school or work commitments.

[~~(h)~~] (i) As used in this section:

"Convicted one or more times for offenses of habitually operating a vehicle under the influence" means that, at the time of the behavior for which the person is charged under this section, the person had one or more times within ten years of the instant offense:

(1) A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for a violation of this section or section 291-4.4 as that section was in effect on December 31, 2001;

(2) A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for an offense that is comparable to this section or section 291-4.4 as that section was in effect on December 31, 2001; or

(3) An adjudication of a minor for a law or probation violation that, if committed by an adult, would constitute a violation of this section or section 291‑4.4 as that section was in effect on December 31, 2001,

that, at the time of the instant offense, had not been expunged by pardon, reversed, or set aside. All convictions that have been expunged by pardon, reversed, or set aside before the instant offense shall not be deemed prior convictions for the purposes of proving the person's status as a habitual operator of a vehicle while under the influence of an intoxicant.

"Convicted two or more times for offenses of operating a vehicle under the influence" means that, at the time of the behavior for which the person is charged under this section, the person had two or more times within ten years of the instant offense:

(1) A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for a violation of section 291E-61 or 707-702.5;

(2) A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for an offense that is comparable to section 291E-61 or 707-702.5; or

(3) An adjudication of a minor for a law or probation violation that, if committed by an adult, would constitute a violation of section 291E-61 or 707‑702.5,

that, at the time of the instant offense, had not been expunged by pardon, reversed, or set aside. All convictions that have been expunged by pardon, reversed, or set aside before the instant offense shall not be deemed prior convictions for the purposes of proving that the person is a habitual operator of a vehicle while under the influence of an intoxicant.

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

"Habitual operator of a vehicle while under the influence of an intoxicant" means that the person was convicted:

(1) Two or more times for offenses of operating a vehicle under the influence; or

(2) One or more times for offenses of habitually operating a vehicle under the influence."

SECTION 12. Section 291E-64, Hawaii Revised Statutes, is amended to read as follows:

"§291E-64 Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one. (a) It shall be unlawful for any person under the age of twenty-one years to operate any vehicle with a measurable amount of alcohol. A law enforcement officer may arrest a person under this section when the officer has probable cause to believe the arrested person is under the age of twenty-one years and had been operating a vehicle upon a public way, street, road, or highway or on or in the waters of the State with a measurable amount of alcohol.

(b) [A] Except as provided in subsection (j), a person who violates this section shall be sentenced as follows:

(1) For a first violation or any violation not preceded within a five-year period by a prior alcohol enforcement contact:

(A) The court shall impose:

(i) A requirement that the person and, if the person is under the age of eighteen, the person's parent or guardian attend an alcohol abuse education and counseling program for not more than ten hours; and

(ii) A one hundred eighty-day prompt suspension of license and privilege to operate a vehicle with absolute prohibition from operating a vehicle during the suspension period, or in the case of a person eighteen years of age or older, the court may impose, in lieu of the one hundred eighty-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the one hundred eighty‑day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in alcohol abuse education and treatment programs; and

(B) In addition, the court may impose any one or more of the following:

(i) Not more than thirty-six hours of community service work; or

(ii) A fine of not less than $150 but not more than $500;

(2) For a violation that occurs within five years of a prior alcohol enforcement contact:

(A) The court shall impose prompt suspension of license and privilege to operate a vehicle for a period of one year with absolute prohibition from operating a vehicle during the suspension period; and

(B) In addition, the court may impose any of the following:

(i) Not more than fifty hours of community service work; or

(ii) A fine of not less than $300 but not more than $1,000; and

(3) For a violation that occurs within five years of two prior alcohol enforcement contacts:

(A) The court shall impose revocation of license and privilege to operate a vehicle for a period of two years; and

(B) In addition, the court may impose any of the following:

(i) Not more than one hundred hours of community service work; or

(ii) A fine of not less than $300 but not more than $1,000.

(c) Notwithstanding any other law to the contrary, any conviction or plea under this section shall be considered a prior alcohol enforcement contact.

(d) Whenever a court sentences a person pursuant to subsection (b)(2) or (3), it also shall require that the person be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the person's alcohol abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court shall require the person to obtain appropriate treatment if the counselor's assessment establishes the person's alcohol abuse or dependence. [~~All~~] Except as provided in subsection (j), all costs for assessment and treatment shall be borne by the person or by the person's parent or guardian, if the person is under the age of eighteen.

(e) Notwithstanding section 831-3.2 or any other law to the contrary, a person convicted of a first-time violation under subsection (b)(1) or section 291-4.3, as it existed before Act 189, Session Laws of Hawaii 2000, who had no prior alcohol enforcement contacts, may apply to the court for an expungement order upon attaining the age of twenty-one[,] years, or thereafter, if the person has fulfilled the terms of the sentence imposed by the court and has had no subsequent alcohol or drug related enforcement contacts; provided that this subsection shall not apply to persons in possession of a commercial learner's permit or commercial driver's license or convicted in a commercial motor vehicle or while transporting hazardous materials.

(g) [~~Any~~] Except as provided in subsection (j), any person sentenced under this section may be ordered to reimburse the county for the cost of any blood tests conducted pursuant to section 291E-11. The court shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood test.

(h) The requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a sentence imposed under subsection (b)(1).

(i) Any person who violates this section shall be guilty of a violation.

(j) For any person sentenced pursuant to this section for a violation committed while the person was a minor under the age of eighteen years, in place of any financial penalties or surcharges permitted by subsection (b) against the person, or the person's parent or guardian for the person's violation, the court may order the person to participate in community service of not more than seventy-two hours; provided that the community service shall not interfere with the person's school or work commitments.

[~~(j)~~] (k) As used in this section, the terms "driver's license" and "examiner of drivers" have the same meanings as provided in section 286-2."

PART III

SECTION 13. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 15. This Act shall take effect upon its approval; provided that the amendments made to sections 291E-61 and 291E‑61.5, Hawaii Revised Statutes, by sections 12 and 13, respectively, of this Act shall not be repealed when those sections are reenacted on June 30, 2028, pursuant to section 11 of Act 196, Session Laws of Hawaii 2021, as amended by section 8 of Act 148, Session Laws of Hawaii 2023.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1028
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII