STAND. COM. REP. NO. 1338

 

Honolulu, Hawaii

, 2021

 

RE: S.B. No. 412

H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 412 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 exclude the offense of habitually operating a vehicle under the influence of an intoxicant from qualifying for deferred acceptance of a guilty plea or nolo contendere plea.

 

Your Committee received testimony in support of this measure from the Office of the Prosecuting Attorney of the County of Kauai, Office of the Prosecuting Attorney of the County of Hawaii, Honolulu Police Department, and County of Hawaii Police Department. Your Committee received comments on this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and Department of the Prosecuting Attorney of the County of Maui.

 

Your Committee finds that a person is a habitual operator of a vehicle while under the influence of an intoxicant if the person was convicted two or more times for offenses of operating a vehicle under the influence, or one or more times for habitually operating a vehicle under the influence. Your Committee therefore finds that because of the repeat nature of the offense and the potential for serious harm to others, offenders should not be eligible for deferred pleas.

 

Your Committee has amended this measure by:

 

(1) Clarifying the implied consent law to make an exception for giving a breath, blood, or urine test pursuant to a search warrant or any other basis permissible under the Constitution of the State of Hawaii and state law;

 

(2) Changing the effective date to July 1, 3021, 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 & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 412, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 412, H.D. 1, and be referred to your Committee on Finance.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

 

 

 

 

____________________________

MARK M. NAKASHIMA, Chair