Bill Text: HI SB1492 | 2012 | Regular Session | Introduced
Bill Title: DUI; Vehicle Immobilization; Penalties
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB1492 Detail]
Download: Hawaii-2012-SB1492-Introduced.html
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THE SENATE |
S.B. NO. |
1492 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to operating a motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291E-62, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any person convicted of violating this section shall be sentenced as follows without possibility of probation or suspension of sentence:
(1) For a first offense, or any offense not preceded within a five-year period by conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001:
(A) A term of imprisonment of not less than three consecutive days but not more than thirty days;
(B) A fine of not less than $250 but not more than $1,000;
(C) Revocation of license and privilege to
operate a vehicle for an additional year; [and]
(D) Immobilization of any vehicle the person owns and operates for the duration of the revocation period; provided that a family member may operate the vehicle in an emergency situation; and
[(D)] (E) Loss of the privilege
to operate a vehicle equipped with an ignition interlock device, if applicable;
(2) For an offense that occurs within five years of a prior conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001:
(A) Thirty days imprisonment;
(B) A $1,000 fine;
(C) Revocation of license and privilege to operate
a vehicle for an additional two years; [and]
(D) Immobilization of any vehicle the person owns and operates for the duration of the revocation period; provided that a family member may operate the vehicle in an emergency situation; and
[(D)] (E) Loss of the privilege
to operate a vehicle equipped with an ignition interlock device, if applicable;
and
(3) For an offense that occurs within five years of two or more prior convictions for offenses under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001, or any combination thereof:
(A) One year imprisonment;
(B) A $2,000 fine;
(C) Permanent revocation of the person's
license and privilege to operate a vehicle; [and]
(D) Immobilization of any vehicle the person owns and operates for the duration of the revocation period; provided that a family member may operate the vehicle in an emergency situation; and
[(D)] (E) Loss of the privilege
to operate a vehicle equipped with an ignition interlock device, if applicable."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2012.
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INTRODUCED BY: |
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Report Title:
DUI; Vehicle Immobilization; Penalties
Description:
Provides that any person who operates a vehicle after the person's license has been suspended or revoked shall have their vehicles immobilized for the duration of the revocation period. Provides exceptions to immobilization for emergencies.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
