REPORT TITLE:
DUI; Endanger Minors; Penalty


DESCRIPTION:
Imposes an additional mandatory fine of $500 upon any person over
18 years old convicted for DUI who operated or assumed actual
physical control of a vehicle with a passenger, in or on the
vehicle, who was 12 years old or younger.  (HB212 SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        212
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR.



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

 1      SECTION 1.  The legislature finds that serious motor vehicle
 
 2 collisions involving child passengers are on the increase.  Many
 
 3 of these collisions have involved a driver who consumed
 
 4 intoxicating liquor and then operated a motor vehicle.  In
 
 5 several recent incidents, child passengers of vehicles driven by
 
 6 such drivers have been killed or severely injured.  Therefore,
 
 7 the legislature finds that stronger penalties are needed to deter
 
 8 persons who would endanger their child passengers by "drinking
 
 9 and driving."
 
10      Accordingly, it is the purpose of this Act to impose an
 
11 additional, stiffer fine (in addition to the existing penalties
 
12 for driving under the influence of intoxicating liquor) on any
 
13 person age 18 or over convicted of driving under the influence of
 
14 intoxicating liquor while having in the vehicle a passenger age
 
15 12 or under.  The Act also clarified that a conviction under
 
16 section 291-4.4, Hawaii Revised Statutes (habitually driving
 
17 under the influence), counts as a prior driving under the
 
18 influence of intoxicating liquor offense for sentencing purposes.
 
19      SECTION 2.  Section 291-4, Hawaii Revised Statutes, is
 

 
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 1 amended by amending subsection (b) to read as follows:
 
 2      "(b)  A person committing the offense of driving under the
 
 3 influence of intoxicating liquor shall be sentenced as follows
 
 4 without possibility of probation or suspension of sentence:
 
 5      (1)  For the first offense, or any offense not preceded
 
 6           within a five-year period by a conviction for driving
 
 7           under the influence of intoxicating liquor under this
 
 8           section[,] or section 291-4.4 by:
 
 9           (A)  A fourteen-hour minimum alcohol abuse
 
10                rehabilitation program including education and
 
11                counseling, or other comparable program deemed
 
12                appropriate by the court; and
 
13           (B)  Ninety-day prompt suspension of license with
 
14                absolute prohibition from operating a motor
 
15                vehicle during suspension of license, or the court
 
16                may impose, in lieu of the ninety-day prompt
 
17                suspension of license, a minimum thirty-day prompt
 
18                suspension of license with absolute prohibition
 
19                from operating a motor vehicle and, for the
 
20                remainder of the ninety-day period, a restriction
 
21                on the license that allows the person to drive for
 
22                limited work-related purposes and to participate
 
23                in alcoholism treatment programs; and
 

 
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 1           (C)  Any one or more of the following:
 
 2                (i)  Seventy-two hours of community service work;
 
 3               (ii)  Not less than forty-eight hours and not more
 
 4                     than five days of imprisonment; or
 
 5              (iii)  A fine of not less than $150 but not more
 
 6                     than $1,000.
 
 7      (2)  For an offense [which] that occurs within five years of
 
 8           a prior conviction for driving under the influence of
 
 9           intoxicating liquor under this section[,] or section
 
10           291-4.4 by:
 
11           (A)  Prompt suspension of license for a period of one
 
12                year with the absolute prohibition from operating
 
13                a motor vehicle during suspension of license;
 
14           (B)  Either one of the following:
 
15                (i)  Not less than one hundred hours of community
 
16                     service work; or
 
17               (ii)  Not less than forty-eight consecutive hours
 
18                     but not more than fourteen days of
 
19                     imprisonment of which at least forty-eight
 
20                     hours shall be served consecutively;
 
21                and
 
22           (C)  A fine of not less than $500 but not more than
 
23                $1,500.
 

 
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                                     H.B. NO.           H.D. 1
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 1      (3)  For an offense [which] that occurs within five years of
 
 2           two prior convictions for driving under the influence
 
 3           of intoxicating liquor under this section[,] or section
 
 4           291-4.4 by:
 
 5           (A)  A fine of not less than $500 but not more than
 
 6                $2,500;
 
 7           (B)  Revocation of license for a period not less than
 
 8                one year but not more than five years; and
 
 9           (C)  Not less than ten days but not more than thirty
 
10                days imprisonment of which at least forty-eight
 
11                hours shall be served consecutively.
 
12      (4)  In addition to any other term of imprisonment or fine
 
13           imposed under this subsection, any person eighteen
 
14           years of age or older, who is convicted under this
 
15           section and who operated or assumed actual physical
 
16           control of a vehicle with a passenger, in or on the
 
17           vehicle, who was twelve years of age or younger, shall
 
18           be sentenced to a mandatory fine of $500.
 
19      [(4)] Notwithstanding any other law to the contrary, any
 
20 conviction for driving under the influence of intoxicating
 
21 liquor[,] under this section or section 291-4.4 shall be
 
22 considered a prior conviction[.] for purposes of imposing
 
23 sentence.
 

 
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 1      [(5)] No license suspension or revocation shall be imposed
 
 2 pursuant to this subsection if the person's license has
 
 3 previously been administratively revoked pursuant to part XIV of
 
 4 chapter 286 for the same offense; provided that, if the
 
 5 administrative revocation is subsequently reversed, the person's
 
 6 license shall be suspended or revoked as provided in this
 
 7 subsection."
 
 8      SECTION 3.  This Act does not affect rights and duties that
 
 9 matured, penalties that were incurred, and proceedings that were
 
10 begun, before its effective date.
 
11      SECTION 4.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 5.  This Act shall take effect upon its approval.