REPORT TITLE:
DUI; ADLR


DESCRIPTION:
Amends driving impaired statutes to prevent jury trials.  Creates
new offense of operating a vessel while under the influence of
drugs. (SB1212 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO USE OF INTOXICANTS.



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

 1      SECTION 1.  The purpose of this Act is to conform laws
 
 2 pertaining to the operation of vehicles and marine vessels while
 
 3 under the influence of drugs or intoxicating liquor to achieve
 
 4 consistency and to reduce the maximum jail time that currently
 
 5 may be imposed for these offenses.  The legislature finds that
 
 6 there presently exists a backlog with respect to jury trials for
 
 7 driving under the influence of drug cases.  The Hawaii supreme
 
 8 court has ruled in State v. Lindsey, 77 Haw. 162 (1994) that "if
 
 9 the maximum term of imprisonment for a particular offense does
 
10 not exceed thirty days, it is presumptively a petty offense to
 
11 which the right to a jury trial does not attach."
 
12      The legislature also finds that by reducing the maximum term
 
13 of imprisonment that may be imposed to thirty days for driving a
 
14 vehicle or operating a vessel under the influence of drugs, these
 
15 offenses will be consistent with present driving under the
 
16 influence of intoxicating liquor cases and will ensure that
 
17 rights with respect to jury trials will be consistent for all
 
18 first, second, and third impaired driving offenses.
 
19 Consequently, the legislature finds and intends that a term of
 
20 imprisonment not to exceed thirty days will not entitle a
 

 
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 1 defendant under this Act to a jury trial for the first, second,
 
 2 or third offense.
 
 3      Lastly, the legislature finds that although current law
 
 4 prohibits the operation of a motor vehicle while impaired by
 
 5 reason of illegal drug use, there is no prohibition for operating
 
 6 a marine vessel under similar circumstances.  The creation of a
 
 7 new offense of operating a vessel while under the influence of
 
 8 drugs will conform with the offense of operating a motor vehicle
 
 9 while under the influence of drugs.
 
10      SECTION 2.  Chapter 200, Hawaii Revised Statutes, is amended
 
11 by adding a new section to be appropriately designated and to
 
12 read as follows:
 
13      "200-     Operating a vessel under the influence of drugs.
 
14 (a)  A person commits the offense of operating a vessel underway
 
15 under the influence of drugs if the person operates or assumes
 
16 actual physical control of the operation of any vessel underway
 
17 while under the influence of any drug which impairs the person's
 
18 ability to operate the vessel in a careful and prudent manner.
 
19      As used in this section, the term "drug" means any
 
20 controlled substance as defined and enumerated in schedules I
 
21 through IV of chapter 329.
 
22      (b)  A person committing the offense of operating a vessel
 
23 under the influence of drugs shall be sentenced as follows
 

 
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 1 without possibility of probation or suspension of sentence:
 
 2      (1)  For a first offense, or any offense not preceded within
 
 3           a five-year period by a conviction under this section,
 
 4           by:
 
 5           (A)  A fourteen-hour minimum drug abuse rehabilitation
 
 6                program, including education and counseling, or
 
 7                other comparable programs deemed appropriate by
 
 8                the court; and
 
 9           (B)  Ninety-day prompt suspension of the privilege of
 
10                operating any vessel underway in the waters of the
 
11                State with absolute prohibition from operating a
 
12                vessel underway during the suspension of the
 
13                privilege;
 
14           and
 
15           (C)  Any one or more of the following:
 
16                (i)  Seventy-two hours of community service work;
 
17               (ii)  Not less than forty-eight hours and not more
 
18                     than five days of imprisonment; or
 
19              (iii)  A fine of not less than $150 but not more
 
20                     than $1,000;
 
21      (2)  For an offense which occurs within five years of a
 
22           prior conviction under this section:
 
23           (A)  One year prompt suspension of the privilege of
 

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

 
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 1                days imprisonment of which at least forty-eight
 
 2                hours shall be served consecutively;
 
 3           and
 
 4      (4)  Notwithstanding any other law to the contrary, any
 
 5           conviction for operating a vessel under the influence
 
 6           of drugs shall be considered a prior conviction.
 
 7      (c)  Whenever a court sentences a person pursuant to
 
 8 subsection (b)(2) or (3), the court shall also require that the
 
 9 offender be referred to a substance abuse counselor who has been
 
10 certified pursuant to section 321-193 for an assessment of the
 
11 offender's drug dependence and the need for treatment.  The
 
12 counselor shall submit a report with recommendations to the
 
13 court.  The court may require the offender to obtain appropriate
 
14 treatment.
 
15      All costs for such assessment or treatment, or both, shall
 
16 be borne by the offender."
 
17      SECTION 3.  Section 200-81, Hawaii Revised Statutes, is
 
18 amended by amending subsection (c) to read as follows:
 
19      "(c)  A person committing the offense of operating a vessel
 
20 underway under the influence of intoxicating liquor shall be
 
21 sentenced as follows without possibility of probation or
 
22 suspension of sentence:
 
23      (1)  For a first offense, or any offense not preceded within
 

 
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 1           a five-year period by a conviction under this section,
 
 2           by:
 
 3           (A)  A fourteen-hour minimum alcohol abuse
 
 4                rehabilitation program including education and
 
 5                counseling, or other comparable program deemed
 
 6                appropriate by the court;
 
 7           (B)  Ninety-day prompt suspension of the privilege of
 
 8                operating any vessel in the waters of the State
 
 9                with absolute prohibition from operating any
 
10                vessel during suspension of such privilege; and
 
11           (C)  Any one or more of the following:
 
12                (i)  Seventy-two hours of community service work;
 
13               (ii)  Not less than forty-eight hours and not more
 
14                     than five days of imprisonment; or
 
15              (iii)  A fine of not less than $150 but not more
 
16                     than $1,000;
 
17      (2)  For an offense which occurs within five years of a
 
18           prior conviction under this section:
 
19           (A)  One year prompt suspension of the privilege of
 
20                operating any vessel underway in the waters of the
 
21                State with absolute prohibition from operating a
 
22                vessel underway during the suspension of such
 
23                privilege;
 

 
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 1           (B)  Any one or more of the following:
 
 2                (i)  Not less than eighty hours of community
 
 3                     service work; or 
 
 4               (ii)  Not less than forty-eight consecutive hours
 
 5                     but not more than [sixty] fourteen days of
 
 6                     imprisonment of which at least forty-eight
 
 7                     hours shall be served consecutively; and
 
 8           (C)  A fine of not less than $500 but not more than
 
 9                $1,000;
 
10      (3)  For an offense which occurs within five years of two
 
11           prior convictions under this section, by:
 
12           (A)  A fine of not less than $500 but not more than
 
13                $1,000;
 
14           (B)  Suspension of privilege of operating a vessel
 
15                underway in the waters of the State for a period
 
16                not less than one year but not more than five
 
17                years; and
 
18           (C)  Not less than ten days but not more than [one-
 
19                hundred-eighty] thirty days imprisonment of which
 
20                at least forty-eight hours shall be served
 
21                consecutively."
 
22      SECTION 4.  Section 291-7, Hawaii Revised Statutes, is
 
23 amended by amending subsection (b) to read as follows:
 

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

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

 
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 1                one year but not more than five years; and
 
 2           (C)  Not less than ten days but not more than [one
 
 3                hundred eighty] thirty days imprisonment[.] of
 
 4                which at least forty-eight hours shall be served
 
 5                consecutively.
 
 6      (4)  Notwithstanding any other law to the contrary, any
 
 7           conviction for driving under the influence of drugs
 
 8           shall be considered a prior conviction."
 
 9      SECTION 5.  This Act does not affect the rights and duties
 
10 that matured, penalties that were incurred, and proceedings that
 
11 were begun, before its effective date; provided that sections 3
 
12 and 4 shall be retroactive for all pending cases.
 
13      SECTION 6.  If any provision of this Act, or the application
 
14 thereof to any person or circumstance is held invalid, the
 
15 invalidity does not affect other provisions or applications of
 
16 the Act which can be given effect without the invalid provision
 
17 or application, and to this end the provisions of this Act are
 
18 severable.
 
19      SECTION 7.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 8.  This Act shall take effect upon its approval.