Report Title:

Intoxicants; Motor Vehicle Operation

Description:

Allows police to take breath, blood, or urine tests from persons involved in an motor vehicle accident who are not injured or refuse to be treated for an injury; clarifies that the notice of administrative revocation shall not serve as a temporary permit if at the time of the arrest the person refused to submit to a breath or blood test, or both, or urine test.

THE SENATE

S.B. NO.

1216

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO USE OF INTOXICANTS WHILE OPERATING A VEHICLE.

 

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

SECTION 1. Section 291E-21, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) In the event of a collision resulting in injury or death and if a law enforcement officer has probable cause to believe that a person involved in the collision has committed a violation of section 707-702.5, 707-703, 707-704, 707-705, 707-706, [or] 291E-61, or 291E-64, the law enforcement officer shall request that a sample of blood or urine be recovered from the vehicle operator or any other person suspected of committing a violation of section 707-702.5, 707-703, 707-704, 707-705, 707-706, [or] 291E-61[.], or 291E-64. If the person involved in the collision is not injured or refuses to be treated for any injury, the law enforcement officer may request a breath test of that person.

(d) The law enforcement officer shall make the request under subsection (c) to the hospital or medical facility treating the person from whom the blood or urine is to be recovered. If the person is not injured or refuses to be treated for any injury, the law enforcement officer shall make the request of a blood sample under subsection (c) to a person authorized under section 291E-12; provided that a law enforcement officer may transport that person to a police facility to conduct a breath test, or to a hospital or medical facility for the purpose of conducting a blood or urine test. Upon the request of the law enforcement officer that blood or urine be recovered pursuant to this section, and except where the person to perform the withdrawal of a blood sample or to obtain a urine sample or the responsible attending personnel at the hospital or medical facility determines in good faith that recovering or attempting to recover blood or urine from the person presents an imminent threat to the health of the medical personnel or others, the [hospital or medical facility] person authorized under section 291E-12 shall:

(1) [Assign a person authorized under section 291E-12 to withdraw the blood sample or to obtain the urine;

(2)] Recover the sample in compliance with section 321-161; and

[(3)] (2) Provide the law enforcement officer with the blood or urine sample requested."

SECTION 2. Section 291E-33, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) Whenever a person is arrested for a violation of section 291E-61 on a determination by the arresting law enforcement officer that:

(1) There was reasonable suspicion to stop the vehicle or the vehicle was stopped at an intoxicant control roadblock established and operated in compliance with sections 291E-19 and 291E-20; and

(2) There was probable cause to believe that the person was operating the vehicle while under the influence of an intoxicant;

the law enforcement officer immediately shall take possession of any license held by the person and request the person to take a test for alcohol concentration, in the case of an alcohol related offense, or a test for drug content in the blood or urine, in the case of a drug related offense. The law enforcement officer shall inform the person that, in the case of an alcohol related offense, the person shall elect to take a breath test, a blood test, or both, pursuant to section 291E-11. In the case of a drug related offense, the person shall elect to take a blood test, a urine test, or both, pursuant to section 291E-11. The law enforcement officer also shall inform the person of the sanctions under section 291E-41, including the sanction for refusing to take a breath, blood, or urine test. Thereafter, the law enforcement officer shall complete and issue to the person a notice of administrative revocation and shall indicate thereon whether the notice shall serve as a temporary permit. The notice shall serve as a temporary permit, unless, at the time of arrest: the person was unlicensed; the person's license or privilege to operate a vehicle was revoked or suspended; or the person had no license in the person's possession[.]; or the person refused to submit to a breath test, blood test, or both, under section 291E-11.

(b) Whenever a law enforcement officer determines that[, as the result of a blood or urine test performed] pursuant to section 291E-21, there is probable cause to believe that a person [being treated in a hospital or medical facility] has violated section 291E-61, the law enforcement officer immediately shall take possession of any license held by the person and shall complete and issue to the person a notice of administrative revocation and indicate thereon whether the notice shall serve as a temporary permit. The notice shall serve as a temporary permit unless, at the time the notice was issued: the person was unlicensed; the person's license or privilege to operate a vehicle was revoked or suspended; or the person had no license in the person's possession[.]; or the person refused to submit to a breath test, blood test, or both, under section 291E-11."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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