HOUSE OF REPRESENTATIVES

H.B. NO.

1928

TWENTY-SIXTH LEGISLATURE, 2012

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TESTING FOR INTOXICANTS.

 

 

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

 


SECTION 1. The legislature finds that the criminalization of the refusal to submit to a breath, blood, or urine test for the use of intoxicants while driving by Act 166, Session Laws of Hawaii 2010, enacted as section 291E-68, Hawaii Revised Statutes, is causing serious problems with the prosecution of individuals for the use of intoxicants while operating a vehicle. The possibility of criminal sanctions raises concerns regarding an individual's right to remain silent and to obtain counsel under the fifth and sixth amendment of the United States Constitution. The legislature finds that the result is a tedious arrest and testing process, which risks evidence being lost as law enforcement waits for counsel to arrive.

More importantly, the legislature finds the previous penalty for refusal of administratively revoking an arrestee's license for one year was adequate incentive to encourage submission. Accordingly, the purpose of this Act is to repeal section 291E-68, Hawaii Revised Statutes.

SECTION 2. Section 291E-15, Hawaii Revised Statutes, is amended to read as follows:

"291E-15 Refusal to submit to breath, blood, or urine test; subject to administrative revocation proceedings. If a person under arrest refuses to submit to a breath, blood, or urine test, none shall be given, except as provided in section 291E-21. Upon the law enforcement officer's determination that the person under arrest has refused to submit to a breath, blood, or urine test, if applicable, then a law enforcement officer shall:

(1) Inform the person under arrest of the sanctions under section 291E-41[,] or 291E-65[, or 291E-68]; and

(2) Ask the person if the person still refuses to submit to a breath, blood, or urine test, thereby subjecting the person to the procedures and sanctions under part III or section 291E-65, as applicable; provided that if the law enforcement officer fails to comply with paragraphs (1) and (2), the person shall not be subject to the refusal sanctions under part III or IV."

SECTION 3. Section 291E-68, Hawaii Revised Statutes,

is repealed.

["[291E-68] Refusal to submit to a breath, blood, or urine test; penalty. Refusal to submit to a breath, blood, or urine test as required by part II is a petty misdemeanor."]

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2050.


 


 

Report Title:

Driver's Licensing; Penalties; Refusal to Submit to Testing

 

Description:

Repeals section 291E-68, Hawaii Revised Statutes, regarding refusing to submit to a breath, blood, or urine test for those arrested for the use of intoxicants while operating a vehicle. Makes conforming amendments to section 291E-15, Hawaii Revised Statutes. Effective 07/01/50. (SD1)

 

 

 

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