HOUSE OF REPRESENTATIVES

H.B. NO.

1263

THIRTY-FIRST LEGISLATURE, 2021

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO IGNITION INTERLOCK DEVICES.

 

 

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

 


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

"291E-   Ignition interlock device; violations; penalties; compliance. (a) Notwithstanding any provision of this chapter to the contrary, no person whose driver's license has been revoked pursuant to section 291E-41, or who has been convicted under section 291E-61 or 291E-61.5, and has an ignition interlock installed in all vehicles the person drives, shall be eligible for a driver's license without providing proof of compliance from the director of transportation that the person:

(1) For the first offense, or any offense not preceded within ten years of a previous violation, has had an ignition interlock device installed for a period of sixty consecutive days without any violations;

(2) For an offense that occurs within ten years of a prior conviction, has had an ignition interlock device installed for a period of ninety consecutive days without any violations; or

(3) For a habitual offense and subsequent offenses convicted within ten years of two or more prior convictions, has had an ignition interlock device installed for a period of six months without any violations.

(b) A person violates this section by:

(1) Providing a sample of .04 or more in blood alcohol concentration when starting the vehicle;

(2) Providing a sample of .04 or more in blood alcohol concentration on a rolling retest;

(3) Failing to provide a rolling retest;

(4) Violating section 291E-66; and

(5) Failing to provide a clear photo of the person when the person blows into the ignition interlock device.

(c) Any violation that occurs during the period in which the ignition interlock device is installed shall constitute non‑compliance. The time required to prove compliance shall commence again after any violation until compliance is proven.

(d) The requirements of subsection (a) shall be in addition to any sanction or penalty imposed pursuant to section 291E-41, 291E-61, or 291E-61.5. The requirements of this section shall be an administrative requirement of eligibility to apply for a driver's license."

SECTION 2. Section 286-104, Hawaii Revised Statutes, is amended to read as follows:

"286-104 Which persons shall not be licensed. The examiner of drivers shall not issue any license to any person:

(1) Whose license has been suspended by a court of competent jurisdiction during the suspension period, nor to any person whose license has been revoked until the expiration of one year after the date of the revocation, or until the expiration of the period of revocation specified by law, whichever is greater, except as provided under sections 286-102.6(d) and 286-102.6(e) for suspensions and revocations of a provisional license; nor to any person who, while unlicensed, has within two years been convicted of operating a vehicle under the influence of an intoxicant or, prior to January 1, 2002, of driving under the influence of alcohol or drugs;

(2) Who is required by this part to take an examination, unless the person has successfully passed the examination;

(3) Who is required under the motor vehicle financial responsibility laws of this State to deposit proof of financial responsibility and who has not deposited the proof;

(4) Who the examiner of drivers has good cause to believe would not be able to operate a motor vehicle with safety upon the highways by reason of physical or mental disability;

(5) Who is under eighteen years of age; provided that a person:

(A) Who is fifteen years and six months of age may be granted an instruction permit;

(B) Who is at least sixteen and less than eighteen years of age may be granted a provisional license upon satisfying the requirements of section 286‑102.6;

(C) Who is at least seventeen and less than eighteen years of age may be granted a license upon satisfying the requirements of section 286-102.6, which license may be suspended or revoked by a judge having jurisdiction over the holder of the license. Upon revocation of the license, the person shall not be eligible to operate a motor vehicle on the highway until the person is eighteen years of age and has again satisfied the requirements of sections 286-108 and 286-109; or

(D) Who is an emancipated minor may be granted a license upon satisfaction of all requirements of this chapter applicable to persons eighteen years of age or older;

(6) Who is not in compliance with section 286-102.5; [or]

(7) Who is required to comply with section 291E-   , and is not in compliance with that section; or

[(7)] (8) Who does not submit proof, satisfactory to the director, that the applicant's presence in the United States is authorized by federal law. The director shall adopt rules in accordance with chapter 91 that provide for standards of proof and for exemptions from this requirement.

Any person denied a license under this or any other section of this part shall have a right of appeal as provided in section 286-129."

SECTION 3. Section 286-104.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Notwithstanding section [286-104(7)] 286-104(8) to the contrary, every person who submits an application for a driver's license, provisional driver's license, or instruction permit that satisfies the requirements of this chapter except for the applicant's inability or refusal to provide satisfactory proof of authorized presence in the United States under federal law shall be issued a limited purpose driver's license, a limited purpose provisional driver's license, or a limited purpose instruction permit that is uniquely identified in compliance with the REAL ID Act of 2005 upon satisfactory proof to the examiner of drivers of the applicant's identity and residency in the State. The examiner of drivers shall accept various types of documentation for the purpose of establishing the applicant's identity and residency in the State, which may be established by more than one document. Acceptable documentation includes:

(1) A valid, unexpired consular identification document issued by a consulate from the applicant's country of citizenship or a valid, unexpired passport from the applicant's country of citizenship;

(2) An original birth certificate or other proof of age, as designated by the examiner of drivers;

(3) A current home utility bill, lease, or rental agreement, or deed or title to real property in the State, as designated by the examiner of drivers;

(4) A United States Department of Homeland Security Form I-589, Application for Asylum and for Withholding of Removal;

(5) An official school or college transcript that includes the applicant's date of birth or a foreign school record that is sealed and includes a photograph of the applicant at the age the record was issued;

(6) An official school or college identification card that includes the applicant's full name and a photograph of the applicant at the time the identification was issued;

(7) A United States Department of Homeland Security Form I-20 or Form DS-2019;

(8) A United States Customs and Immigration Services Deferred Action for Childhood Arrival Approval Letter;

(9) A valid identification card for health benefits;

(10) A valid identification card for an assistance or social services program;

(11) A current voter registration card issued by the State;

(12) A wage stub issued in the last six months;

(13) An income tax return filed in the last two years;

(14) A social security card;

(15) One of the following documents which, if in a language other than English, shall be accompanied by a certified translation or an affidavit of translation into English:

(A) Marriage license or divorce certificate;

(B) Foreign federal electoral photo card issued on or after January 1, 1991;

(C) Foreign student identification card; or

(D) Foreign driver's license; or

(16) Other proof of Hawaii residency as designated by the director."

SECTION 4. Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced without possibility of probation or suspension of sentence as follows:

(1) For the first offense, or any offense not preceded within a ten-year period by a conviction for an offense under this section or section 291E‑4(a):

(A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

(B) One-year revocation of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

(C) Any one or more of the following:

(i) Seventy-two hours of community service work;

(ii) No less than forty-eight hours and no more than five days of imprisonment; or

(iii) A fine of no less than $250 but no more than $1,000;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(E) A surcharge, if the court so orders, of up to $25 to be deposited into the trauma system special fund;

(2) For an offense that occurs within ten years of a prior conviction for an offense under this section or section 291E-4(a):

(A) Revocation for no less than twenty-four months nor more than three years of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

(B) Either one of the following:

(i) No less than two hundred forty hours of community service work; or

(ii) No less than five days but no more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively;

(C) A fine of no less than $1,000 but no more than $3,000;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(E) A surcharge of up to $50, if the court so orders, to be deposited into the trauma system special fund;

(3) In addition to a sentence imposed under paragraphs (1) and (2), any person eighteen years of age or older who is convicted under this section and who operated a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty-eight hours; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (1) or (2), as applicable. Notwithstanding paragraphs (1) and (2), the revocation period for a person sentenced under this paragraph shall be no less than two years; and

(4) If the person demonstrates to the court that the person:

(A) Does not own or have the use of a vehicle in which the person can install an ignition interlock device during the revocation period; or

(B) Is otherwise unable to drive during the revocation period,

the person shall be absolutely prohibited from driving during a period equal to one hundred fifty per cent of the period of applicable revocation provided in paragraphs (1) to (3); provided that the court shall not issue an ignition interlock permit pursuant to subsection (i) and the person shall be subject to the penalties provided by section 291E-62 if the person drives during the applicable revocation period[.]; provided further that the extended revocation period shall not apply if a license and privilege to operate a vehicle has been permanently revoked or if the director has issued a permit authorizing the person to operate a vehicle owned by the person's employer pursuant to section 291E-44.5(c)."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on January 1, 2022.



 

Report Title:

Ignition Interlock; Operating a Vehicle Under the Influence of an Intoxicant; Penalties; Compliance

 

Description:

Establishes a system of graduated penalties for violations of the ignition interlock law. Requires proof of compliance with the ignition interlock law to be eligible to apply for a driver's license. Effective 1/1/2022. (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.