THE SENATE	S.C.R. NO.	109
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING THE CONVENING OF a working group to sTUDY THE FEASIBILITY OF IMPLEMENTING VEHICULAR IMMOBILIZATION AS A penalty FOR conviction of operating a vehicle under the influence of an intoxicant involving alcohol.

 

 

     WHEREAS, Hawaii has one of the nation's highest rates of alcohol-related traffic fatalities; and

 

     WHEREAS, many offenders convicted of driving under the influence of alcohol continue to drive illegally during their license revocation and suspension periods; and

 

     WHEREAS, those drunk driving offenders who drive illegally present a threat to law abiding drivers; and

 

     WHEREAS, past efforts to sanction drunk drivers with vehicle forfeiture or impoundment, despite gaining support in concept, have failed due to various circumstances; and

 

     WHEREAS, the State Department of Transportation developed the Hawaii Strategic Highway Safety Plan 2007 Thru 2012 to reduce the number and severity of traffic-related injuries and deaths on Hawaii's roadways; and

 

     WHEREAS, vehicle immobilization is a top strategy of the Hawaii Strategic Highway Safety Plan for the offense of driving under the influence of alcohol; and

 

     WHEREAS, vehicle immobilization involves the use of a boot to immobilize an offender's vehicle on the owner's property

to eliminate the cost of impounding vehicles; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the House of Representatives concurring, that the Department of Transportation is requested to convene a working group to study the feasibility of implementing vehicular immobilization as a penalty during the period of license revocation for conviction of the offense of driving under the influence of an intoxicant involving alcohol; and

 

     BE IT FURTHER RESOLVED that the Department of Transportation designate as members of the working group the same individuals from federal, state, and county agencies and community entities that met in work groups to develop a list of prioritized strategies in each of the seven emphasis areas of the Hawaii Strategic Highway Safety Plan 2007 Thru 2012; and

 

     BE IT FURTHER RESOLVED that the working group study the following issues concerning vehicle immobilization:

 

     (1)  Types of vehicle immobilization, including physical means of immobilization such as using a club or boot;

 

     (2)  Other jurisdictions' experiences with vehicle immobilization;

 

     (3)  Case law precedents;

 

     (4)  Enforcement procedures;

 

     (5)  Issues of liability and adequate provision for an appeals process;

 

     (6)  Costs and practicalities of implementation; and

 

     (7)  Any other relevant issues; and

 

     BE IT FURTHER RESOLVED that the Department of Transportation is requested to report on the working group's findings and recommendations, including proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2012; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Transportation, Attorney General, Prosecuting Attorney of each county, Police Chief of each county, and Chairperson of the Impaired Driving Emphasis Area of the Hawaii Strategic Highway Safety Plan 2007 Thru 2012.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Impaired Driving; Vehicle Immobilization Study