STAND. COM. REP. 2205

Honolulu, Hawaii

, 2004

RE: S.B. No. 2237

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred S.B. No. 2237 entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAY SAFETY,"

begs leave to report as follows:

The purpose of this measure is to create a new offense of operating a vehicle after consuming a measurable amount of illegal drugs. The measure also requires the driver to take a blood or urine test.

Testimony in support of this measure was received from the Department of Transportation and the Honolulu Prosecuting Attorney. Testimony in opposition was received from the Office of the Public Defender. Comments were received from the Judiciary and Mothers Against Drunk Driving-Hawaii.

A person commits this offense if the person operates or assumes actual physical control of a vehicle with a measurable amount of any illegal drug in the person's blood or urine. This measure clarifies existing law by making specific reference to dangerous drugs, detrimental drugs, harmful drugs, intoxicating compounds, marijuana, or marijuana concentrates under the penal code and the controlled substances law. This measure further provides for a graduated system of punishment for repeat offenders.

Existing law covers operating a vehicle under the influence of an intoxicant (section 291E-61, Hawaii Revised Statutes), which requires as an element of the offense that the person's ability to operate the motor vehicle in a careful and prudent manner be impaired by the intoxicant. This measure does not make that condition an element of the offense, thus easing the burden of proof on the prosecution. Existing law also provides the driver with an election to take a blood or urine test. This measure abrogates that choice in favor of relegating the matter to the police to determine the most effective test to yield the best results.

The intent of this measure is to reduce the incidences of driving while under the influence of illegal drugs. As with alcohol, such driving is a danger to the public safety.

Your Committee has amended this measure on the recommendation of the Honolulu Prosecuting Attorney by:

(1) Deleting language about requiring that the amount of drugs be clearly indicative of actual drug use and not passive inhalation, as being impossible to prove by tests;

(2) Adding a provision to clarify that the right of refusal to take a breath, blood, or urine test does not apply to taking a blood or urine test under the new law;

(3) Restoring the implied consent provision for alcohol tests; and

(4) Bringing the new law into conformity with the administrative license revocation laws.

Your Committee has also made technical, nonsubstantive amendments.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs, and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2237, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2237, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs, and Government Operations,

____________________________

CAL KAWAMOTO, Chair