Bill Text: HI SB2102 | 2012 | Regular Session | Introduced
Bill Title: Driving Under the Influence
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-01-20 - (S) Referred to JDL, WAM. [SB2102 Detail]
Download: Hawaii-2012-SB2102-Introduced.html
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THE SENATE |
S.B. NO. |
2102 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO USE OF INTOXICANTS WHILE OPERATING A VEHICLE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291E-61, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(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 five-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] suspension
of license and privilege to operate a vehicle during the [revocation] suspension
period and installation [during the revocation period] of an ignition
interlock device for a period of two years on any vehicle operated by
the person;
(C) Any one or more of the following:
(i) Seventy-two hours of community service work; or
[(ii) Not less than forty-eight hours
and not more than five days of imprisonment; or
(iii)] (ii)
A fine of not less than $150 but not 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; and
(F) Mandatory imprisonment of not less than forty-eight hours but not more than fourteen days;
(2) For an offense that occurs within five years of a prior conviction for an offense under this section or section 291E-4(a):
(A) [Revocation] Suspension for [not
less than eighteen months nor more than] two years of license and privilege
to operate a vehicle during the [revocation] suspension period
and installation [during the revocation period] of an ignition interlock
device for a period of three years on any vehicle operated by the
person;
(B) [Either one of the following:
(i)] Not less than two hundred forty
hours of community service work; [or
(ii) Not less than five days but not
more than thirty days of imprisonment, of which at least forty-eight hours
shall be served consecutively;]
(C) A fine of not less than $500 but not more than $1,500;
(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; and
(F) Mandatory imprisonment of not less than thirty days but not more than ninety days;
(3) For an offense that occurs within five years of two prior convictions for offenses under this section or section 291E-4(a):
(A) A fine of not less than $500 but not more than $2,500;
(B) [Revocation] Suspension for [two]
three years of license and privilege to operate a vehicle during the [revocation]
suspension period and installation [during the revocation period]
of an ignition interlock device for a period of five years on any
vehicle operated by the person;
[(C) Not less than ten days but not
more than thirty days imprisonment, of which at least forty-eight hours shall
be served consecutively;
(D)] (C) A surcharge of $25 to
be deposited into the neurotrauma special fund; [and
(E)] (D) A surcharge of up to
$50 if the court so orders, to be deposited into the trauma system special fund;
and
(E) Mandatory imprisonment of four months;
(4) In addition to a sentence imposed under
paragraphs (1) through (3), 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]:
(A) The
total term of imprisonment for a person convicted under this paragraph shall
not exceed the maximum term of imprisonment provided in paragraph (1), (2), or
(3), as applicable[.]; and
(B) Notwithstanding
paragraphs (1) and (2), the revocation] suspension period for a
person sentenced under this paragraph shall be not less than two years; and
(5) 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]
suspension period; or
(B) Is otherwise unable to drive during the [revocation]
suspension period, the person shall be absolutely prohibited from
driving during the period of applicable [revocation] suspension
provided in paragraphs (1) to (4); 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] suspension period."
2. By amending subsection (d) to read:
"(d) Except as provided in subsection
(c), the court may issue a separate permit authorizing a defendant to operate a
vehicle owned by the defendant's employer during the period of [revocation]
suspension without installation of an ignition interlock device if the
defendant is gainfully employed in a position that requires driving and the
defendant will be discharged if prohibited from driving a vehicle not equipped
with an ignition interlock device."
3. By amending subsection (g) to read:
"(g) Notwithstanding any other law to the contrary, any:
(1) Conviction under this section, section 291E-4(a), or section 291E-61.5;
(2) Conviction in any other state or federal jurisdiction for an offense that is comparable to operating or being in physical control of a vehicle while having either an unlawful alcohol concentration or an unlawful drug content in the blood or urine or while under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant; or
(3) Adjudication of a minor for a law violation that, if committed by an adult, would constitute a violation of this section or an offense under section 291E-4(a), or section 291E-61.5,
shall be considered a prior conviction for the
purposes of imposing sentence under this section. Any judgment on a verdict or
a finding of guilty, a plea of guilty or nolo contendere, or an adjudication,
in the case of a minor, that at the time of the offense has not been expunged
by pardon, reversed, or set aside shall be deemed a prior conviction under this
section. No license and privilege [revocation] suspension shall
be imposed pursuant to this section if the person's license and privilege to
operate a vehicle has previously been administratively revoked pursuant to part
III for the same act; provided that, if the administrative revocation is
subsequently reversed, the person's license and privilege to operate a vehicle
shall be [revoked] suspended as provided in this section. There
shall be no requirement for the installation of an ignition interlock device
pursuant to this section if the requirement has previously been imposed
pursuant to part III for the same act; provided that, if the requirement is
subsequently reversed, a requirement for the installation of an ignition
interlock device shall be imposed as provided in this section."
4. By amending subsection (j) to read:
"(j) Notwithstanding any other law to the
contrary, whenever a court [revokes] suspends a person's driver's
license pursuant to this section, the examiner of drivers shall not grant to
the person a new driver's license until the expiration of the period of [revocation]
suspension determined by the court. After the period of [revocation]
suspension is completed, the person may apply for and the examiner of
drivers may grant to the person a new driver's license."
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 upon its approval.
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INTRODUCED BY: |
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Report Title:
Driving Under the Influence
Description:
Requires suspension instead of revocation of license, imposes mandatory terms of imprisonment, and requires installation of ignition interlock devices for specified periods for conviction of DUI offense.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
