STAND. COM. REP. NO.2197

Honolulu, Hawaii

, 2002

RE: S.B. No. 2646

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 2646 entitled:

"A BILL FOR AN ACT RELATING TO USE OF INTOXICANTS,"

begs leave to report as follows:

The purpose of this measure is to establish that the refusal of a legally arrested person, including persons under the age of 21, to submit to a breath, blood, or urine test may be admissible in any criminal or civil proceeding.

Testimony in support of this measure was submitted by the Department of Transportation, State Attorney General, Department of the Prosecuting Attorney and the Police Department of the City and County of Honolulu, County of Hawaii Police Department, and Mothers Against Drunk Driving. Testimony in opposition was submitted by the Office of the Public Defender.

Your Committee finds that under current statutory provisions, evidence of a person's refusal to submit to a blood, breath, or urine test can only be admitted in the administrative license revocation proceedings and not in any other criminal or civil proceeding. Your Committee further finds that this information is admissible for other proceedings in almost every other jurisdiction. Your Committee believes that this measure to allow the admission of such evidence will assist the trier of fact to determine whether a driver was impaired in a criminal or civil case.

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. 2646 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

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

____________________________

CAL KAWAMOTO, Chair