REPORT TITLE:
M/V; Drugs; Implied Consent


DESCRIPTION:
Replaces the offense of driving under the influence of drugs with
the offense of driving with illegal drugs in a person's blood or
urine and provides for penalties.  Establishes implied consent
provisions for driving with illegal drugs in a person's blood or
urine.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            892         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO HIGHWAY SAFETY.



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

 1      SECTION 1.  Chapter 291, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "291-     Driving with illegal drugs in a person's blood or
 
 5 urine.  (a)  A person commits the offense of driving with illegal
 
 6 drugs in a person's blood or urine, if the person operates or
 
 7 assumes actual physical control of any vehicle and the person has
 
 8 evidence of illegal drugs in the persons' blood or urine.  For
 
 9 purposes of this section, the presence of a measurable amount of
 
10 an illegal drug in the person's urine or blood, which amount is
 
11 clearly indicative of actual drug use and not passive inhalation,
 
12 as shown by chemical analysis or other approved analytical
 
13 techniques of the person's urine or blood, shall create a
 
14 presumption that the drug is present in the person's blood or
 
15 urine as a result of actual use and not passive inhalation.  This
 
16 presumption may be overcome only by a showing by clear and
 
17 convincing evidence that the drug is present in the person's
 
18 blood or urine as a result of passive inhalation, or the
 
19 consumption of prescribed medication or other legal substance.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (b)  A person convicted of the offense of driving with
 
 2 illegal drugs in a person's blood or urine shall be sentenced as
 
 3 follows, without possibility of probation or suspension of
 
 4 sentence:
 
 5      (1)  For the first offense, or any offense not preceded
 
 6           within a five-year period by a conviction under this
 
 7           section, by:
 
 8           (A)  A fourteen-hour minimum substance abuse
 
 9                rehabilitation program, including education and
 
10                counseling, or other comparable program deemed
 
11                appropriate by the court; and
 
12           (B)  Ninety-day prompt suspension of license with
 
13                absolute prohibition from operating a motor
 
14                vehicle during suspension of license, or the court
 
15                may impose, in lieu of the ninety-day prompt
 
16                suspension of license, a minimum thirty-day prompt
 
17                suspension of license with absolute prohibition
 
18                from operating a motor vehicle and, for the
 
19                remainder of the ninety-day period, a restriction
 
20                on the license that allows the person to drive for
 
21                limited work-related purposes and to participate
 
22                in substance abuse treatment programs; and
 
23           (C)  Any one or more of the following:
 

 
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                                     H.B. NO.           
                                                        
                                                        

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

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           (B)  Revocation of license for a period not less than
 
 2                one year but not more than five years; and
 
 3           (C)  Not less than ten days but not more than thirty
 
 4                days imprisonment of which at least forty-eight
 
 5                hours shall be served consecutively.
 
 6      Notwithstanding any other law to the contrary, any plea
 
 7 entered pursuant to chapter 853 for the offense of driving with
 
 8 illegal drugs in a person's blood or urine shall be considered a
 
 9 prior conviction.
 
10      (c)  Whenever a court sentences a person pursuant to
 
11 subsection (b), it also shall require that the offender be
 
12 referred to a substance abuse counselor who has been certified
 
13 pursuant to section 321-193 for an assessment of the offender's
 
14 substance abuse or dependence and the need for appropriate
 
15 treatment.  The counselor shall submit a report with
 
16 recommendations to the court.  The court may require the offender
 
17 to obtain appropriate treatment, if the counselor's assessment
 
18 establishes the offender's substance abuse or dependence.  All
 
19 cost for assessment or treatment or both shall be borne by the
 
20 offender.
 
21      (d)  Notwithstanding any other law to the contrary, whenever
 
22 a court revokes a person's driver's license pursuant to the
 
23 provisions of this section, the examiner of drivers shall not
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 grant to the person an application for a new driver's license for
 
 2 a period to be determined by the court.
 
 3      (e)  Any person sentenced under this section may be ordered
 
 4 to reimburse the county for the cost of any blood or urine tests
 
 5 conducted under section 286-152.  The court shall order the
 
 6 person to make restitution in a lump sum, or in a series of
 
 7 prorated installments, to the police department or other agency
 
 8 incurring the expense of the test.
 
 9      (f)  The requirement to provide proof of financial
 
10 responsibility pursuant to section 287-20 shall not be based upon
 
11 a revocation imposed under subsection (b)(1), unless the person's
 
12 license had been previously revoked under this section in the
 
13 five-year period immediately preceding the revocation at issue.
 
14      (g)  As used in this section the terms "driver", "driver's
 
15 license", and "examiner of drivers", shall have the same meanings
 
16 as provided in section 286-2, the term "illegal drug" refers to
 
17 any controlled substance included in schedule I, II, III, IV, or
 
18 V, pursuant to chapter 329, the possession of which would be
 
19 illegal under state law and includes any dangerous drug,
 
20 detrimental drug, harmful drug, intoxicating compound, marijuana,
 
21 or marijuana concentrate as those terms are defined in section
 
22 712-1240, and the term "vehicle" shall have the same meaning as
 
23 provided in section 291C-1.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (h)  No person shall be convicted under subsection (a) based
 
 2 solely upon evidence that the person consumed only a prescribed
 
 3 medication for which the person has a valid prescription or an
 
 4 over the counter medication."
 
 5      SECTION 2.  Section 286-151, Hawaii Revised Statutes, is
 
 6 amended as follows:
 
 7      1.  By amending subsection (b) to read:
 
 8      "(b)  The test or tests shall be administered at the request
 
 9 of a police officer [having] who has probable cause to believe
 
10 the person driving or in actual physical control of a motor
 
11 vehicle or moped upon the public highways is under the influence
 
12 of intoxicating liquor or has evidence of illegal drugs[,] in the
 
13 person's blood or urine, or is under the age of twenty-one and
 
14 has a measurable amount of alcohol concentration, only after:
 
15      (1)  A lawful arrest; and
 
16      (2)  The person has been informed by a police officer of the
 
17           sanctions under part XIV and sections 286-151.5 and
 
18           286-157.3"
 
19      2.  By amending subsections (d) and (e) to read:
 
20      "(d)  If there is probable cause to believe that a person is
 
21 in violation of section [291-7,] 291-  , then the person shall
 
22 have the option to take a blood or urine test, or both, for the
 
23 purpose of determining the drug content.  Drug content shall be
 

 
Page 7                                         892         
                                     H.B. NO.           
                                                        
                                                        

 
 1 measured by the presence of any scheduled drug, as provided in
 
 2 section [291-7] 291-  , or its metabolic products or both.  The
 
 3 person shall be informed of the sanctions of section 286-157.3
 
 4 for failure to take either test.
 
 5      (e)  A person who chooses to submit to a breath test under
 
 6 subsection (c) also may be requested to submit to a blood or
 
 7 urine test, if the officer has probable cause to believe that the
 
 8 person was driving [under the influence of any drug under
 
 9 section 291-7] with illegal drugs in the person's blood or urine
 
10 under section 291-   or was driving under the combined influence
 
11 of alcohol and drugs and the officer has probable cause to
 
12 believe that a blood or urine test will reveal evidence of [the
 
13 person being under the influence of drugs.] one or more drugs in
 
14 the person's blood or urine.  The officer shall state in the
 
15 officer's report the facts upon which that belief is based.  The
 
16 person shall have the option to take a blood or urine test, or
 
17 both, for the purpose of determining the person's drug content.
 
18 Results of a blood or urine test conducted to determine drug
 
19 content also shall be admissible for the purpose of determining
 
20 the person's alcohol content.  Submission to testing for drugs
 
21 under subsection (d) or this subsection shall not be a substitute
 
22 for alcohol tests requested under subsection (c)."
 
23      SECTION 3.  Section 286-157.3, Hawaii Revised Statutes, is
 

 
Page 8                                         892         
                                     H.B. NO.           
                                                        
                                                        

 
 1 amended as follows:
 
 2      1.  By amending subsection (a) to read:
 
 3      "(a)  If a person under arrest refuses to submit to a blood
 
 4 or urine test for the presence of drugs under section 286-151(d)
 
 5 or (e), none shall be given except as otherwise provided, but the
 
 6 arresting officer, as soon as practicable, shall submit an
 
 7 affidavit to a district court judge of the circuit in which the
 
 8 arrest was made, stating:
 
 9      (1)  That at the time of arrest, the arresting officer had
 
10           probable cause to believe the arrested person had been
 
11           driving or was in actual physical control of a motor
 
12           vehicle upon the public highways [while under the
 
13           influence of] with illegal drugs[;] in a persons's
 
14           blood or urine;
 
15      (2)  That the arrested person was informed of the sanctions
 
16           of this section; and
 
17      (3)  That the arrested person had refused to submit to a
 
18           blood or urine test."
 
19      2.  By amending subsection (e) to read:
 
20      "(e)  This section shall not preclude a finding under part
 
21 XIV for failure to comply with section [286-151(b).] 286-151."
 
22      SECTION 4.  Section 286-157.4, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
Page 9                                         892         
                                     H.B. NO.           
                                                        
                                                        

 
 1      "[[]286-157.4[]]  Hearing before a district judge.(a)  A
 
 2 hearing to determine the truth and correctness of an affidavit
 
 3 submitted to a district judge shall be held within twenty days
 
 4 after the district judge has received the affidavit.
 
 5      (b)  The district judge shall hear and determine:
 
 6      (1)  Whether the arresting officer had reasonable grounds to
 
 7           believe that the person had been operating a vehicle
 
 8           [while under the influence of] with illegal drugs[;] in
 
 9           a persons's blood or urine;
 
10      (2)  Whether the person was lawfully arrested;
 
11      (3)  Whether the arresting officer had informed the person
 
12           of the sanctions of section 286-157.3; and
 
13      (4)  Whether the person refused to submit to a test of the
 
14           person's blood or urine.
 
15      (c)  For purposes of a hearing under this section, there
 
16 shall be no limit on the introduction of any other competent
 
17 evidence bearing on the question of whether the person [was under
 
18 the influence of] was driving with illegal drugs[,] in the
 
19 persons's blood or urine, including but not limited to personal
 
20 observation by a law enforcement officer of the defendant's
 
21 manner, disposition, speech, muscular movement, general
 
22 appearance, or behavior."
 
23      SECTION 5.  Section 286-158.5, Hawaii Revised Statutes, is
 

 
Page 10                                        892         
                                     H.B. NO.           
                                                        
                                                        

 
 1 amended to read as follows:
 
 2      "[[]286-158.5[]]  Interpretation of drug tests; competent
 
 3 evidence.  In any criminal prosecution or civil proceeding
 
 4 relating to section [291-7,] 291-  , the presence of any drug
 
 5 that impairs a person's ability to operate a vehicle in a careful
 
 6 and prudent manner within three hours after the time of the
 
 7 alleged offense, as shown by chemical analysis or other approved
 
 8 analytical techniques of the defendant's blood or urine, shall be
 
 9 competent evidence that the defendant was [under the influence
 
10 of] was driving with illegal drugs in a persons's blood or urine
 
11 at the time of the alleged violation.  Nothing in this section
 
12 shall be construed as limiting the introduction, in any criminal
 
13 proceeding for a violation under section [291-7] 291-   or in any
 
14 proceeding under section 286-157.4, of relevant evidence of a
 
15 person's drug content obtained more than three hours after an
 
16 alleged violation; provided that the evidence is offered in
 
17 compliance with the Hawaii rules of evidence."
 
18      SECTION 6.  Section 286-163, Hawaii Revised Statutes, is
 
19 amended as follows:
 
20      1.  By amending subsection (a) to read:
 
21      "(a)  Nothing in this part shall be construed to prevent the
 
22 police from obtaining a sample of breath, blood, or urine as
 
23 evidence of [intoxication or influence of] illegal drugs in a
 

 
Page 11                                        892         
                                     H.B. NO.           
                                                        
                                                        

 
 1 persons's blood or urine from the driver of any vehicle involved
 
 2 in a collision resulting in injury to or the death of any
 
 3 person."
 
 4      2.  By amending subsection (c) to read:
 
 5      "(c)  In the event of a collision resulting in injury or
 
 6 death, and the police have probable cause to believe that a
 
 7 person involved in the incident has committed a violation of
 
 8 section 707-702.5, 707-703, 707-704, 707-705, 707-706, 291-4, or
 
 9 [291-7,] 291-  , the police shall request that a sample of blood
 
10 or urine be recovered from the driver or any other person
 
11 suspected of committing a violation of section 707-702.5,
 
12 707-703, 707-704, 707-705, 707-706, 291-4, or [291-7.] 291-  ."
 
13      SECTION 7.  Section 291-4.4, Hawaii Revised Statutes, is
 
14 amended by amending subsection (b) to read as follows:
 
15      "(b)  For the purposes of this section a driving under the
 
16 influence offense means a violation of section 291-4, [291-7,]
 
17 291-  , or 707-702.5, or violation of laws in another
 
18 jurisdiction which requires proof of each element of the offenses
 
19 punishable under either section 291-4, [291-7,] 291- , or
 
20 707-702.5 if committed in Hawaii."
 
21      SECTION 8.  Section 291-4.5, Hawaii Revised Statutes, is
 
22 amended by amending its title and subsection (a) to read as
 
23 follows:
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      "291-4.5  Driving after license suspended or revoked for
 
 2 driving under the influence of intoxicating liquor[;] or for
 
 3 driving with evidence of illegal drugs in the blood or urine;
 
 4 penalties.  (a)  No person whose driver's license has been
 
 5 revoked, suspended, or otherwise restricted pursuant to chapter
 
 6 286 or section 291-4 or [291-7] 291-   shall operate a motor
 
 7 vehicle upon the highways of this State either while the person's
 
 8 license remains suspended or revoked or in violation of the
 
 9 restrictions placed on the person's license.  The period of
 
10 suspension or revocation shall commence upon the release of the
 
11 person from the period of imprisonment imposed pursuant to this
 
12 section."
 
13      SECTION 9.  Section 431:10C-306, Hawaii Revised Statutes, is
 
14 amended by amending subsection (e) to read as follows:
 
15      "(e)  No provision of this article shall be construed to
 
16 exonerate, or in any manner to limit:
 
17      (1)  The liability of any person in the business of
 
18           manufacturing, retailing, repairing, servicing, or
 
19           otherwise maintaining motor vehicles, arising from a
 
20           defect in a motor vehicle caused, or not corrected, by
 
21           an act or omission in the manufacturing, retailing,
 
22           repairing, servicing, or other maintenance of a vehicle
 
23           in the course of such person's business;
 

 
Page 13                                        892         
                                     H.B. NO.           
                                                        
                                                        

 
 1      (2)  The criminal or civil liability, including special and
 
 2           general damages, of any person who, in the maintenance,
 
 3           operation, or use of any motor vehicle:
 
 4           (A)  Intentionally causes injury or damage to a person
 
 5                or property;
 
 6           (B)  Engages in criminal conduct which causes injury or
 
 7                damage to person or property;
 
 8           (C)  Engages in conduct resulting in punitive or
 
 9                exemplary damages; or
 
10           (D)  Causes death or injury to another person in
 
11                connection with the accident while operating the
 
12                vehicle in violation of section 291-4 or [291-7.]
 
13                291-  ."
 
14      SECTION 10.  Section 431:10C-407, Hawaii Revised Statutes,
 
15 is amended by amending subsection (b) to read as follows:
 
16      "(b)  The plan shall provide all personal injury protection
 
17 benefits and services and bodily injury and property damage
 
18 liability coverages to the limits and coverages specified in this
 
19 article for all classes of persons, motor vehicles, and motor
 
20 vehicle uses specified in this part upon the payment of premiums
 
21 as provided in subpart C, as follows:
 
22      (1)  The plan shall provide personal injury protection
 
23           benefits and policies for each of the following
 

 
Page 14                                        892         
                                     H.B. NO.           
                                                        
                                                        

 
 1           classes, and each class shall be able to secure a
 
 2           personal injury protection and bodily injury and
 
 3           property damage liability policy through the plan:
 
 4           (A)  All motor vehicles owned by licensed assigned risk
 
 5                drivers as the commissioner, by rules, shall
 
 6                define.  The commissioner shall regulate the class
 
 7                in accordance with the general practice of the
 
 8                industry, the applicable results, if any, of the
 
 9                commissioner's examination of the motor vehicle
 
10                insurers' business records and experience, and any
 
11                applicable and scientifically credible
 
12                governmental or academic studies of the multi-
 
13                accident or high-risk motor vehicle driver;
 
14           (B)  All motor vehicles owned by licensed drivers
 
15                convicted within the thirty-six months immediately
 
16                preceding the date of application, in any
 
17                jurisdiction of any one or more of the offenses
 
18                of, or of the offenses cognate to:
 
19                (i)  Heedless and careless driving;
 
20               (ii)  Driving while license suspended or revoked;
 
21              (iii)  Leaving the scene of an accident;
 
22               (iv)  Manslaughter, if resulting from the operation
 
23                     of a motor vehicle; or
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1                (v)  Driving under the influence of an
 
 2                     intoxicating liquor as provided in section
 
 3                     291-4 or any drug as provided in section
 
 4                     [291-7;] 291-  ;
 
 5           (C)  All commercial uses, first class, defined as any
 
 6                commercial use engaged in the transport of
 
 7                passengers for hire or gratuity;
 
 8           (D)  All commercial uses, second class, defined as any
 
 9                commercial, business, or institutional use other
 
10                than the transport of passengers as described in
 
11                subparagraph (C) or the exclusive use of a vehicle
 
12                for domestic-household-familial purposes; and
 
13           (E)  All other motor vehicles, not classified under
 
14                subparagraph (A), (B), (C), or (D), owned by
 
15                licensed drivers who are unable to obtain motor
 
16                vehicle insurance policies and optional additional
 
17                insurance through ordinary methods;
 
18      (2)  The plan shall provide personal injury protection
 
19           benefits and bodily injury and property damage policies
 
20           for all classes of persons, motor vehicles, and motor
 
21           vehicle uses, at the premiums specified under subpart
 
22           C, at the option of the owners, for the following
 
23           classes, which the commissioner, by rules, shall
 

 
Page 16                                        892         
                                     H.B. NO.           
                                                        
                                                        

 
 1           further define and regulate:
 
 2           (A)  All licensed drivers, or unlicensed permanently
 
 3                disabled individuals unable to operate their motor
 
 4                vehicles, who are receiving public assistance
 
 5                benefits consisting of direct cash payments
 
 6                through the department of human services, or
 
 7                benefits from the supplemental security income
 
 8                program under the Social Security Administration;
 
 9                provided that the licensed drivers, or unlicensed
 
10                permanently disabled individuals unable to operate
 
11                their motor vehicles, are the sole registered
 
12                owners of the motor vehicles to be insured;
 
13                provided further that not more than one vehicle
 
14                per public assistance unit shall be insured under
 
15                this part, unless extra vehicles are approved by
 
16                the department of human services as being
 
17                necessary for medical or employment purposes;
 
18                provided further that the motor vehicle to be
 
19                insured shall be used strictly for personal
 
20                purposes, and not for commercial purposes; and
 
21           (B)  Any licensed physically handicapped driver,
 
22                including drivers with any auditory limitation.
 
23           Each category of driver/owner under subparagraphs (A)
 

 
Page 17                                        892         
                                     H.B. NO.           
                                                        
                                                        

 
 1           and (B) may secure motor vehicle insurance coverage
 
 2           through the plan at the individual's option; provided
 
 3           any previous motor vehicle insurance policy has expired
 
 4           or has been canceled.  Any person becoming eligible for
 
 5           plan coverage under subparagraph (A) shall first
 
 6           exhaust all paid coverage under any motor vehicle
 
 7           insurance policy then in force before becoming eligible
 
 8           for plan coverage.
 
 9                Any person eligible or becoming eligible under
 
10           rules adopted by the commissioner under subparagraph
 
11           (B), may at any time elect coverage under the plan and
 
12           terminate any prior private insurer's coverage.
 
13                A certificate shall be issued by the department of
 
14           human services indicating that the person is a bona
 
15           fide public assistance recipient as defined in
 
16           subparagraph (A).  The certificate shall be deemed a
 
17           policy for the purposes of chapter 431 upon the
 
18           issuance of a valid motor vehicle insurance
 
19           identification card pursuant to section 431:10C-107;
 
20           and
 
21      (3)  Under the joint underwriting plan, the required motor
 
22           vehicle policy coverages as provided in section
 
23           431:10C-301 shall be offered by every insurer to each
 

 
Page 18                                        892         
                                     H.B. NO.           
                                                        
                                                        

 
 1           eligible applicant assigned by the bureau.  In
 
 2           addition, uninsured motorist and underinsured motorist
 
 3           coverages shall be offered in conformance with section
 
 4           431:10C-301, and optional additional coverages shall be
 
 5           offered in conformance with section 431:10C-302, for
 
 6           each class except that defined in paragraph (2)(A), as
 
 7           the commissioner, by rules, shall provide."
 
 8      SECTION 11.  Section 291-7, Hawaii Revised Statutes, is
 
 9 repealed.
 
10      ["291-7 Driving under the influence of drugs.(a)  A
 
11 person commits the offense of driving under the influence of
 
12 drugs if the person operates or assumes actual physical control
 
13 of the operation of any vehicle while under the influence of any
 
14 drug which impairs such person's ability to operate the vehicle
 
15 in a careful and prudent manner.  The term "drug" as used in this
 
16 section shall mean any controlled substance as defined and
 
17 enumerated on schedules I through IV of chapter 329.
 
18      (b)  A person committing the offense of driving under the
 
19 influence of drugs shall be sentenced as follows without
 
20 possibility of probation or suspension of sentence:
 
21      (1)  For a first offense, or any offense not preceded within
 
22           a five-year period by a conviction under this section,
 
23           by:
 

 
Page 19                                        892         
                                     H.B. NO.           
                                                        
                                                        

 
 1           (A)  A fourteen-hour minimum drug abuse rehabilitation
 
 2                program, including education and counseling, or
 
 3                other comparable programs deemed appropriate by
 
 4                the court; and
 
 5           (B)  Ninety-day prompt suspension of license with
 
 6                absolute prohibition from operating a motor
 
 7                vehicle during suspension of license, or the court
 
 8                may impose, in lieu of the ninety-day prompt
 
 9                suspension of license, a minimum thirty-day prompt
 
10                suspension of license with absolute prohibition
 
11                from operating a motor vehicle and, for the
 
12                remainder of the ninety-day period, a restriction
 
13                on the license that allows the person to drive for
 
14                limited work-related purposes and to participate
 
15                in drug treatment programs; and
 
16           (C)  Any one or more of the following:
 
17                (i)  Seventy-two hours of community service work;
 
18               (ii)  Not less than forty-eight hours of
 
19                     imprisonment; or
 
20              (iii)  A fine of not less than $150 but not more
 
21                     than $1,000.
 
22      (2)  For an offense which occurs within five years of a
 
23           prior conviction under this section:
 

 
Page 20                                        892         
                                     H.B. NO.           
                                                        
                                                        

 
 1           (A)  Prompt suspension of license for a period of one
 
 2                year with the absolute prohibition from operating
 
 3                a motor vehicle during suspension of license;
 
 4           (B)  Either one of the following:
 
 5                (i)  Not less than eighty hours of community
 
 6                     service work; or
 
 7               (ii)  Not less than forty-eight consecutive hours
 
 8                     of imprisonment; and
 
 9           (C)  A fine of not less than $500 but not more than
 
10                $1,000.
 
11      (3)  For an offense which occurs within five years of two
 
12           prior convictions under this section, by:
 
13           (A)  A fine of not less than $500 but not more than
 
14                $1,000;
 
15           (B)  Revocation of license for a period not less than
 
16                one year but not more than five years; and
 
17           (C)  Not less than ten days but not more than one
 
18                hundred eighty days imprisonment.
 
19      (4)  Notwithstanding any other law to the contrary, any
 
20           conviction for driving under the influence of drugs
 
21           shall be considered a prior conviction.
 
22      (c)  Whenever a court sentences a person pursuant to
 
23 subsection (b)(2) or (3), it shall also require that the offender
 

 
Page 21                                        892         
                                     H.B. NO.           
                                                        
                                                        

 
 1 be referred to a substance abuse counselor who has been certified
 
 2 pursuant to section 321-193 for an assessment of the offender's
 
 3 drug dependence and the need for treatment.  The counselor shall
 
 4 submit a report with recommendations to the court.  The court may
 
 5 require the offender to obtain appropriate treatment.
 
 6      All costs for such assessment or treatment or both shall be
 
 7 borne by the offender.
 
 8      (d)  Notwithstanding any other law to the contrary, whenever
 
 9 a court revokes a person's driver's license pursuant to the
 
10 provisions of this section, the examiner of drivers shall not
 
11 grant to such person an application for a new driver's license
 
12 for such period as specified by the court.
 
13      (e)  As used in this section, the terms "driver", "driver's
 
14 license", and "examiner of drivers" shall have the same meanings
 
15 as provided in section 286-2; and the term "vehicle" shall have
 
16 the same meaning as provided in section 291C-1."]
 
17      SECTION 12.  This Act does not affect rights and duties that
 
18 matured, penalties that were incurred, and proceedings that were
 
19 begun, before its effective date.
 
20      SECTION 13.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 14.  This Act shall take effect upon its approval.
 
23 
 
24                           INTRODUCED BY:_________________________