STAND. COM. REP. NO. 542-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2250

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2250, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of the bill is to strengthen the law pertaining to driving under the influence of an intoxicant (DUI) by:

(1) Requiring habitual DUI offenders to:

(a) Pay a driver education assessment;

(b) Be assessed for substance abuse or dependence; and

(c) Obtain treatment if necessary, at the offender's own expense;

(2) Prohibiting the issuance of a new driver's license to habitual DUI offenders until the license revocation period expires;

(3) Permitting the court to order a DUI offender to reimburse cost of blood or urine testing; and

(4) Adding conforming references to the section concerning habitual DUI offenders, to the Use of Intoxicants law.

Testimony in support of the measure was provided by Department of Transportation, Department of the Prosecuting Attorney of the City and County of Honolulu, Police Department of the City and County of Honolulu, Police Department of the County of Maui, and Mothers Against Drunk Driving. The Office of the Public Defender opposed this measure.

Your Committee finds that although a separate statute was enacted for the habitual DUI offender, which was formerly subsumed within the regular DUI offender statute, conforming references to other DUI statutes were not made. This measure will make these conforming amendments.

Your Committee has amended this bill by making technical, nonsubstantive changes for style and clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2250, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2250, H.D. 2.

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

 

____________________________

ERIC G. HAMAKAWA, Chair