Bill Text: HI SB2841 | 2018 | Regular Session | Introduced
Bill Title: Relating To Motor Vehicle Safety.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-13 - The committee on JDC deferred the measure. [SB2841 Detail]
Download: Hawaii-2018-SB2841-Introduced.html
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THE SENATE |
S.B. NO. |
2841 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to Motor Vehicle Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291E-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Highly intoxicated driver" means a person whose measurable amount of alcohol is .15 or more grams of alcohol per one hundred milliliters or cubic centimeters of the person's blood, or .15 or more grams of alcohol per two hundred ten liters of the person's breath, as measured at the time of the offense, or within three hours of the time of the offense."
SECTION 2. Section 291E-3, Hawaii Revised Statutes, is amended to read as follows:
"§291E-3 Evidence of intoxication. (a) In any criminal prosecution for a violation of section 291E-61 or 291E-61.5 or in any proceeding under part III:
(1) .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of the person's blood;
(2) .08 or more grams of alcohol per two hundred ten liters of the person's breath; or
(3) The presence of one or more drugs in an amount sufficient to impair the person's ability to operate a vehicle in a careful and prudent manner,
within three hours after the time of the alleged violation as shown by chemical analysis or other approved analytical techniques of the person's blood, breath, or urine shall be competent evidence that the person was under the influence of an intoxicant at the time of the alleged violation.
(b) In any criminal prosecution for a violation of section 291E-61 or 291E-61.5, the amount of alcohol found in the defendant's blood or breath within three hours after the time of the alleged violation as shown by chemical analysis or other approved analytical techniques of the defendant's blood or breath shall be competent evidence concerning whether the defendant was under the influence of an intoxicant at the time of the alleged violation and shall give rise to the following presumptions:
(1) If there were .05 or less grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .05 or less grams of alcohol per two hundred ten liters of defendant's breath, it shall be presumed that the defendant was not under the influence of alcohol at the time of the alleged violation; and
(2) If there were in excess of .05 grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .05 grams of alcohol per two hundred ten liters of defendant's breath, but less than .08 grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .08 grams of alcohol per two hundred ten liters of defendant's breath, that fact may be considered with other competent evidence in determining whether the defendant was under the influence of alcohol at the time of the alleged violation, but shall not of itself give rise to any presumption.
(c)
In any criminal prosecution for a violation of section 291E-61 or 291E-61.5
or in any proceeding under part III:
(1) .15 or more
grams of alcohol per one hundred milliliters or cubic centimeters of the
person's blood; or
(2) .15 or more
grams of alcohol per two hundred ten liters of the person's breath,
within three hours after the time of the alleged
violation as shown by chemical analysis or other approved analytical techniques
of the person's blood, breath, or urine shall be competent evidence that the
person was a highly intoxicated driver at the time of the alleged violation.
[(c)] (d) Nothing in this section shall be construed as
limiting the introduction, in any criminal proceeding for a violation under
section 291E-61 or 291E-61.5 or in any proceeding under part III, of relevant
evidence of a person's alcohol concentration or drug content obtained more than
three hours after an alleged violation; provided that the evidence is offered
in compliance with the Hawaii rules of evidence."
SECTION 3. Section 291E-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Except as provided in paragraph [(5)] (6)
and in section 291E-44.5, the respondent shall keep an ignition interlock
device installed and operating in any vehicle the respondent operates during
the revocation period. Except as
provided in section 291E-5, installation and maintenance of the ignition
interlock device shall be at the respondent's expense. The periods of administrative revocation,
with respect to a license and privilege to operate a vehicle, that shall be imposed
under this part are as follows:
(1) [A] Except
as provided in paragraph (5), a one year revocation of license and
privilege to operate a vehicle, if the respondent's record shows no prior
alcohol enforcement contact or drug enforcement contact during the five years
preceding the date the notice of administrative revocation was issued;
(2) An eighteen month revocation of license and privilege to operate a vehicle, if the respondent's record shows one prior alcohol enforcement contact or drug enforcement contact during the five years preceding the date the notice of administrative revocation was issued;
(3) A two-year revocation of license and privilege to operate a vehicle, if the respondent's record shows two prior alcohol enforcement contacts or drug enforcement contacts during the five years preceding the date the notice of administrative revocation was issued;
(4) A minimum of five years up to a maximum of ten years revocation of license and privilege to operate a vehicle, if the respondent's record shows three or more prior alcohol enforcement contacts or drug enforcement contacts during the ten years preceding the date the notice of administrative revocation was issued;
(5) For
a respondent who is a highly intoxicated driver, if the respondent's record
shows no prior alcohol enforcement contact or drug enforcement contact during
the five years preceding the date the notice of administrative revocation was
issued, an eighteen month revocation of license and privilege to operate a
vehicle and a minimum of six months up to a maximum of one year revocation of
the registration of any motor vehicle registered to the highly intoxicated
driver;
[(5)] (6) For respondents under the age of
eighteen years who were arrested for a violation of section 291E-61 or
291E-61.5, revocation of license and privilege to operate a vehicle for the
appropriate revocation period provided in paragraphs (1) to [(4)] (5)
or in subsection (c); provided that the respondent shall be prohibited from
driving during the period preceding the respondent's eighteenth birthday and
shall thereafter be subject to the ignition interlock requirement of this
subsection for the balance of the revocation period; or
[(6)] (7) For respondents, other than those
excepted pursuant to section 291E-44.5(c), who do not install an ignition
interlock device in any vehicle the respondent operates during the revocation
period, revocation of license and privilege to operate a vehicle for the period
of revocation provided in paragraphs (1) to [(5)] (6) or in
subsection (c); provided that:
(A) The respondent shall be absolutely prohibited from driving during the revocation period and subject to the penalties provided by section 291E-62 if the respondent drives during the revocation period; and
(B) The director shall
not issue an ignition interlock permit to the respondent pursuant to section
291E-44.5;
provided that when more than one administrative revocation, suspension, or conviction arises out of the same arrest, it shall be counted as only one prior alcohol enforcement contact or drug enforcement contact, whichever revocation, suspension, or conviction occurs later."
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] Except
as provided in paragraph (4), 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 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) Not less than forty-eight hours and not more than five days of imprisonment; or
(iii) 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;
(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 for not less than eighteen months nor more than two 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) 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;
(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 for two 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;
(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) 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;
(4) For a first
offense committed by a highly intoxicated driver, or for any offense committed
by a highly intoxicated driver 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) Revocation
for eighteen months 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) Not
less than forty-eight hours and not more than ten days of imprisonment; or
(iii) 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;
[(4)] (5) In addition to a sentence imposed
under paragraphs (1) through [(3),] (4), 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),
(2), [or] (3), or (4), as applicable. Notwithstanding paragraphs (1) [and],
(2), and (4), the revocation period for a person sentenced under this paragraph
shall be not less than two years; and
[(5)] (6) 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 [(4);] (5); 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 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 July 1, 2018.
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INTRODUCED BY: |
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Report Title:
Motor Vehicle Safety; Highly Intoxicated Drivers
Description:
Adds definition for highly intoxicated driver. Establishes evidence and sentencing parameters for highly intoxicated drivers. Establishes minimum and maximum administrative license revocation periods for highly intoxicated drivers.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
