Hawaii-2022-HB2247-Amended

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

"§291E- Ignition interlock device; compliance; driver's license eligibility. (a) Any person whose driver's license has been revoked pursuant to section 291E-41 or who has been convicted under section 291E-61 or 291E-61.5, and who has an ignition interlock device installed in any vehicle operated by the person, shall be eligible for a driver's license following the expiration of the applicable revocation period only upon proof of compliance to the director of transportation that the person:

(1) For the first offense, or any offense not preceded within ten years of a prior offense, has had a period of sixty consecutive days without any violations;

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

(3) For a habitual offense and subsequent offenses that occur within ten years of two or more prior offenses, has had a period of one-hundred eighty consecutive days without any violations.

(b) A person violates this section by:

(1) Providing a sample of .04 or more grams of alcohol per two hundred ten liters of breath when starting the vehicle, unless a subsequent test performed within ten minutes registers a breath alcohol concentration lower than .02 and the digital image confirms the same person provided both samples;

(2) Providing a sample of .04 or more grams of alcohol per two hundred ten liters of breath on a rolling retest, unless a subsequent test performed within ten minutes registers a breath alcohol concentration lower than .02 and the digital image confirms the same person provided both samples;

(3) Failing to provide a rolling retest;

(4) Violating section 291E-66; or

(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 as noncompliance. 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 being eligible to apply for a driver's license.

(e) Notwithstanding any provision of this chapter to the contrary, any 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, shall be deemed eligible to apply for a driver's license months following the expiration of the revocation period."

SECTION 2. 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) Except as provided in paragraph (4), 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~~] Revocation of license to operate a vehicle[;] for no less than one year and no more than eighteen months;

(D) 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;

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

(F) 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:

(A) A substance abuse program of at least thirty-six hours, including education and counseling or other comparable programs deemed appropriate by the court;

(B) Revocation of license to operate a vehicle for no less than two years but no more than three years;

(D) 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;

(E) A fine of no less than $1,000 but no more than $3,000, to be deposited into the state drug and alcohol toxicology testing laboratory special fund;

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

(G) 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;

(4) In addition to a sentence imposed under paragraph (1), for a first offense under this section, or an offense not preceded within a ten-year period by a conviction for an offense, any person who is convicted under this section and was a highly intoxicated driver at the time of the subject incident shall be sentenced to an additional mandatory term of imprisonment for forty-eight consecutive hours and an additional mandatory revocation period of six months; 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). Notwithstanding paragraph (1), the revocation period for a person sentenced under this paragraph shall be no less than eighteen months;

(5) In addition to a sentence under paragraph (2), for an offense that occurs within ten years of a prior conviction for an offense under this section, any person who is convicted under this section and was a highly intoxicated driver at the time of the subject incident shall be sentenced to an additional mandatory term of imprisonment of ten consecutive days and an additional mandatory revocation period of one year; 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 (2), as applicable. Notwithstanding paragraph (2), the revocation period for a person sentenced under this paragraph shall be no less than three years; [~~and~~]

(6) A person sentenced pursuant to paragraph (1)(B) may file a motion for early termination of the applicable revocation period if the person:

(A) Was not sentenced to any additional mandatory revocation period pursuant to paragraphs (3) or (4);

(B) Actually installed and maintained an ignition interlock device on all vehicles operated by the person for a continuous period of six months, after which the person maintained the ignition interlock device on all vehicles operated by the person for a continuous period of three months without violation, as that term is defined in rules established by the department of transportation; and

Nothing in this paragraph shall require a court to grant early termination of the revocation period if the court finds that continued use of the ignition interlock device will further the person's rehabilitation or compliance with this section; and

[~~(6)~~] (7) 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 the period of applicable revocation provided in paragraphs (1) to [~~(3);~~] (5); provided that the person shall be sentenced to the maximum license revocation period, 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."

SECTION 3. Act 216, Session Laws of Hawaii 2021, is amended by amending section 10 to read as follows:

"SECTION 10. This Act shall take effect on July 1, 2021[.]; provided that the amendments made to sections 291E-61 and 291E-61.5, Hawaii Revised Statutes, by sections 5 and 6, respectively, of this Act shall not be repealed when those sections are reenacted on June 30, 2026, pursuant to section 11 of Act 196, Session Laws of Hawaii 2021."

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 upon its approval; provided that the amendments made to section 291E-61, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on June 30, 2026, pursuant to section 11 of Act 196, Session Laws of Hawaii 2021.

HOUSE OF REPRESENTATIVES	H.B. NO.	2247
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII