Report Title:

Chapter 291E, Hawaii Revised Statutes

Description:

Creates a felony charge for those who drive after a court revokes their license for DUI convictions, and a new criminal offense for those who drive after a court suspends their license for DUI convictions.

THE SENATE

S.B. NO.

2849

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CHAPTER 291E, HAWAII REVISED STATUTES.

 

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

SECTION 1. Chapter 291E, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"291E- Illegal operation of a vehicle while under court order of revocation of privilege to operate a vehicle. (a) A person commits the offense of illegal operation of a vehicle while under court order of revocation of privilege to operate a vehicle if the person operates or assumes actual physical control of a vehicle after the person has had the person's privilege to operate a vehicle revoked by a court order pursuant to this chapter, or revoked by a court order pursuant to section 200-81, 291-4, 291-4.4, 291-4.5, or 291-7 as those provisions were in effect on December 31, 2001.

(b) It is an affirmative defense that the person had had the person's privilege to operate a vehicle restored by court order prior to the date of the alleged offense.

(c) Illegal operation of a vehicle while under court order of revocation of privilege to operate a vehicle is a class C felony.

(d) If the person convicted of violating this section is a habitual operator of a vehicle while under the influence of an intoxicant, as defined by section 291E-61.5, the person shall be sentenced to permanent revocation of privilege to operate a vehicle and to an indeterminate term of imprisonment of five years, without possibility of suspension of sentence or probation.

(e) If the person convicted of violating this section is not an habitual operator of a vehicle while under the influence of an intoxicant, as defined by section 291E-61.5, the person shall be sentenced to a five-year revocation of privilege to operate a vehicle, to commence upon the release of the person from the period of imprisonment imposed pursuant to this section, and to:

(1) An indeterminate term of imprisonment of five years; or

(2) A five-year term of probation, with terms and conditions to include, but not be limited to, ninety days of imprisonment, which shall not be suspended.

291E- Illegal operation of a vehicle while under court order of suspension of privilege to operate a vehicle. (a) A person commits the offense of illegal operation of a vehicle while under court order of suspension of privilege to operate a vehicle if the person operates or assumes actual physical control of a vehicle during a period of time for which the person has had the person's privilege to operate a vehicle suspended by a court order pursuant to this chapter, or suspended by a court order pursuant to section 200-81, 291-4, 291-4.4, 291-4.5, or 291-7 as those provisions were in effect on December 31, 2001.

(b) Any person convicted of violating this section shall be sentenced as follows:

(1) For a first offense, or any offense not preceded within a five-year period by conviction for an offense under this section:

(A) A term of imprisonment of not less than three consecutive days but not more than thirty days, which shall not be suspended;

(B) A fine of not less than $250 but not more than $1,000; and

(C) Revocation of license and privilege to operate a vehicle for an additional year;

(2) For an offense that occurs within five years of a prior conviction for an offense under this section:

(A) Thirty consecutive days imprisonment, which shall not be suspended;

(B) A $1,000 fine; and

(C) Revocation of license and privilege to operate a vehicle for an additional two years; and

(3) For an offense that occurs within five years of two or more prior convictions for offenses under this section:

(A) One year imprisonment, which shall not be suspended;

(B) A $2,000 fine; and

(C) Permanent revocation of the person's license and privilege to operate a vehicle.

The period of revocation shall commence upon the release of the person from the period of imprisonment imposed pursuant to this section."

SECTION 2. Section 291E-62, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:

"291E-62 Operating a vehicle after license and privilege have been administratively suspended or revoked for operating a vehicle under the influence of an intoxicant; penalties. (a) No person whose license and privilege to operate a vehicle have been revoked, suspended, or otherwise restricted pursuant to part III [or section 291E-61,] of this chapter, or to part VII or part XIV of chapter 286 [or section 200-81, 291-4, 291-4.4, 291-4.5, or 291-7] as those provisions were in effect on December 31, 2001, shall operate or assume actual physical control of any vehicle:

(1) In violation of any restrictions placed on the person's license; or

(2) While the person's license or privilege to operate a vehicle remains suspended or revoked."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2005.

INTRODUCED BY:

_____________________________

BY REQUEST