Report Title:

Driver's license; Drugs

Description:

Requires revocation of driver's license upon conviction of drug offense under chapter 712. Requires notice to examiner of drivers. Prohibits application for a new license for five years after conviction. Allows restoration of license after revocation period upon application and physician's certification person is drug free.

THE SENATE

S.B. NO.

2238

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HIGHWAY SAFETY.

 

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

SECTION 1. Chapter 286, Hawaii Revised Satatutes, is amended by adding a new section to be appropriately designated and to read as follows:

"286-__ Revocation of driver's license for drug offense. (a) If any person is found by a court of competent jurisdiction to have committed an act that would constitute an offense under part IV of chapter 712, the court immediately shall revoke the person's driver's license for a period of five years or, if the person is a minor, until the person is eighteen years of age, whichever is longer. The court shall impose this penalty in addition to any other authorized by law and regardless of whether the person was operating a motor vehicle at the time of the offense.

(b) The court shall require a person who already has a license or permit to surrender the license or permit to the court for the period of revocation. The court shall notify the examiner of drivers of the county in which the offense was committed, within twenty-four hours after the entry of judgment, that the person's driver's license is revoked. No person shall be allowed to obtain a license or permit during the period of revocation.

(c) After expiration of the revocation period, the examiner of drivers may restore the person's driver's license upon application by the person which includes a certification from a physician licensed under chapter 453 or 460 that the person is not drug dependent.

(d) For purposes of this section, "driver's license" means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this State and includes:

(1) Any learner's permit or instruction permit;

(2) The privilege of any person to operate a motor vehicle, regardless of whether the person holds a valid license;

(3) Any nonresident's operating privilege; and

(4) The eligibility, including future eligibility, of any person to apply for a license or privilege to operate a motor vehicle."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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