STAND. COM. REP. NO.1185

Honolulu, Hawaii

, 2003

RE: H.B. No. 807

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred H.B. No. 807, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CHAPTER 291E,"

begs leave to report as follows:

The purpose of this measure is to establish the offense of habitually operating a vehicle while under the influence of an intoxicant, and to include offenses committed by minors as prior offenses for purposes of enhanced sentencing.

Your Committee received testimony in support of this measure from the Department of Transportation, the Department of the Attorney General, the Honolulu Prosecuting Attorney, the Honolulu Police Department, and Mothers Against Drunk Driving. The Office of the Public Defender submitted testimony in opposition to this measure.

Your Committee finds that drunk driving continues to be a major problem in the State. Therefore, your Committee supports every measure that seeks to impose tougher criminal penalties on scofflaws who drink and drive.

Your Committee supports the establishment of a separate offense for a habitual drunk driver. Such persons should be subject to the strictest penalties possible, not only for the protection of the public, but for their own good as well.

Your Committee also supports the inclusion of offenses committed as a minor as prior offenses for purposes of enhanced sentencing. Your Committee believes that if a minor has not shown any indication toward reform, the minor should not be given a clean slate at age eighteen and should be held accountable for the minor's actions.

Your Committee amended this measure in several ways to incorporate the recommendations of the Honolulu Prosecuting Attorney. First, your Committee amended the provisions of the habitual drunk driver offense so that it is clearly a status offense.

Your Committee also included various amendments to repeal the requirement that law enforcement officers inform suspects of the sanctions for refusal to take a blood alcohol content test, and to provide for vehicle forfeiture following a third or fourth offense.

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 H.B. No. 807, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 807, H.D. 2, 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