Bill Text: HI SB2329 | 2020 | Regular Session | Introduced
Bill Title: Relating To Ignition Interlock Devices.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2020-07-09 - Received notice of disagreement (Sen. Com. No. 629). [SB2329 Detail]
Download: Hawaii-2020-SB2329-Introduced.html
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THE SENATE |
S.B. NO. |
2329 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING to ignition interlock devices.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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; provided that the term of imprisonment
shall be consecutive for any person convicted under this section for the same conduct
or arising from a conviction under section 291E-62;
(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 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."
SECTION 2. Section 291E-61.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) For a conviction under this section, the sentence shall be either:
(1) An indeterminate term of imprisonment of five years; provided that the term of imprisonment shall be consecutive for any person convicted under this section for the same conduct or arising from a conviction under section 291E-62; or
(2) A term of probation of five years, with conditions to include:
(A) Mandatory revocation of license and privilege to operate a vehicle for a period no less than three years but no more than five years;
(B) No less than ten days imprisonment, of which at least forty-eight hours shall be served consecutively;
(C) A fine of no less than $2,000 but no more than $5,000;
(D) Referral to a certified substance abuse counselor as provided in section 291E-61(d);
(E) A surcharge of $25 to be deposited into
the neurotrauma special fund; and
(F) May be charged a surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders.
In addition to the foregoing, any vehicle owned and operated by the person committing the offense shall be subject to forfeiture pursuant to chapter 712A; provided that the department of transportation shall provide storage for vehicles forfeited under this subsection."
SECTION 3. Section 291E-62, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) No person whose license and privilege to operate a vehicle have been revoked, suspended, or otherwise restricted pursuant to this section or to part III or section 291E-61 or 291E-61.5, or to part VII or part XIV of chapter 286 or section 200-81, 291-4, 291-4.4, 291-4.5, or 291-7 as those provisions were in effect on December 31, 2001, shall operate or assume actual physical control of any vehicle:
(1) In violation of any restrictions placed on the person's license;
(2) While the person's license or privilege to operate a vehicle remains suspended or revoked;
(3) Without
installing an ignition interlock device required by this chapter; or
(4) With
an ignition interlock permit unless the person has the ignition interlock permit
and government issued identification in the person's immediate
possession. For purposes of this paragraph,
"government issued identification" means:
(i) A
passport issued by the United States of America;
(ii) A
driver's license issued pursuant to any state or District of Columbia law;
(iii) An
identification card issued by any state or local government or the Bureau of
Indian Affairs; or
(iv) An
identification card issued by any branch of the Armed Forces of the United
States of America."
2. By
amending subsection (c) to read:
"(c) 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] ten-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) Loss of the privilege to operate a vehicle equipped with an ignition interlock device, if applicable;
(2) For an offense
that occurs within [five] ten 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) 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] ten 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) Loss of the privilege to operate a vehicle equipped with an ignition interlock device, if applicable."
SECTION 4. Section 291E-66, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No person whose driving privileges have been restricted to operating a vehicle equipped with an ignition interlock device shall knowingly:
(1) Request, solicit,
direct, or authorize another person to blow into an ignition interlock device
or start a vehicle equipped with the device for the purpose of providing an
operable vehicle to a person who has been restricted by law to operating only a
vehicle so equipped; [or]
(2) Tamper with an
ignition interlock device with the intent to render it inaccurate or inoperable[.];
or
(3) Obscure a camera lens associated with an ignition interlock device."
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.
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INTRODUCED BY: |
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Report Title:
Ignition Interlock Devices; Sentencing
Description:
Requires consecutive terms of imprisonment for anyone convicted as a repeat or habitual offender if arising from same conduct as conviction for operating a vehicle without an interlock ignition device. Requires any person operating a vehicle with an ignition interlock to have government issued identification in their immediate possession. Expands the lookback period under provisions relating to ignition interlock requirements from five to ten years. Expands the offense of circumventing or tampering with an ignition interlock to include obscuring the camera lens.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
