Honolulu, Hawaii

, 2019


RE: S.B. No. 641

H.D. 2





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii




Your Committee on Judiciary, to which was referred S.B. No. 641, H.D. 1, entitled:




begs leave to report as follows:


The purpose of this measure is to amend Hawaii's laws regarding the use of intoxicants while operating a vehicle by:


(1) Adding a definition of "substance abuse";


(2) Expanding the definition of "drug" to include any substance that, when taken into the human body, can impair the ability of a person to operate a vehicle safely; and


(3) Expanding the definition of "substance" to include any plant, medication, poison, natural or synthetic chemical, or any compound, or combination of these.


The Department of Transportation, Councilmember representing District 9 of the City and County of Honolulu, County of Hawaii Office of the Prosecuting Attorney, County of Kauai Office of the Prosecuting Attorney, Honolulu Police Department, Hawaii Strategic Highway Safety Plan, Hawaii Chapter of Mothers Against Drunk Driving, AAA Hawaii, Highway Bicycling League, and an individual testified in support of this measure. The Office of the Public Defender and The Drug Policy Forum of Hawaii testified in opposition to this measure.


Your Committee has amended this measure by establishing a separate offense of operating a vehicle while impaired by a lesser intoxicant, other than alcohol or controlled substances, instead of inserting a definition of "substance abuse" and amending the definitions of "drug" and "substance." Your Committee has further amended this measure by:


(1) Amending its preamble;


(2) Requiring law enforcement and the Criminal Justice Data Center to collect, make public, and report on certain data relating to the offense of operating a vehicle while impaired by a lesser intoxicant;


(3) Inserting a sunset date of June 30, 2022; and


(4) Making technical, nonsubstantive amendments for clarity, consistency, and style.


As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 641, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 641, H.D. 2.


Respectfully submitted on behalf of the members of the Committee on Judiciary,