STAND.
COM. REP. NO. 671-20
Honolulu, Hawaii
, 2020
RE: H.B. No. 2174
H.D. 2
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirtieth State Legislature
Regular Session of 2020
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 2174, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO OPERATING A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Define "highly intoxicated driver";
(2) Provide the evidentiary standard for establishing that a person was a "highly intoxicated driver";
(5) Establish higher penalties for a highly intoxicated driver operating a vehicle; and
(6) Amend the penalties for offenses of operating a vehicle under the influence of an intoxicant.
Your Committee finds that this measure is a product of the collaborative effort by the Department of Transportation's Hawaii Drug and Alcohol Intoxicated Driving Working Group, Hawaii Association of Criminal Defense Lawyers, and Office of the Public Defender to address Hawaii's increasing number of traffic fatalities involving alcohol and drugs. Your Committee further finds that highly intoxicated drivers who are convicted of habitually operating a vehicle under the influence of an intoxicant should be subject to harsher penalties.
Accordingly, your Committee has amended this measure by:
(1) Making it a class B felony and imposing harsher sentencing requirements for any highly intoxicated driver who is convicted of habitually operating a vehicle under the influence of an intoxicant and removing language imposing a higher penalty for offenses within a ten year period;
(2) Changing the effective date to July 1, 2050, to encourage further discussion; and
(3) Making technical, nonsubstantive amendments for the purposes of 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 H.B. No. 2174, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 2174, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ CHRIS LEE, Chair |
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