REPORT TITLE:
DUI; Endanger Minors; Penalty


DESCRIPTION:
Imposes an additional mandatory fine of $500 and jail sentence of
48 hours upon any person over 18 years old convicted for DUI who
operated or assumed actual physical control of a vehicle with a
passenger, in or on the vehicle, who was younger than 15 years
old.  Clarifies that a conviction under section 291-4.4, Hawaii
Revised Statutes, counts as a prior DUI offenses for sentencing
purposes.  (HB212 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        212
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT


RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that serious motor vehicle
 
 2 collisions involving child passengers are on the increase.  Many
 
 3 of these collisions have involved a driver who consumed
 
 4 intoxicating liquor and then operated a motor vehicle.  In
 
 5 several recent incidents, child passengers of vehicles driven by
 
 6 such drivers have been killed or severely injured.  Therefore,
 
 7 the legislature finds that stronger penalties are needed to deter
 
 8 persons who would endanger their child passengers by "drinking
 
 9 and driving."
 
10      Accordingly, it is the purpose of this Act to impose an
 
11 additional, stiffer fine (in addition to the existing penalties
 
12 for driving under the influence of intoxicating liquor) on any
 
13 person age eighteen years or over convicted of driving under the
 
14 influence of intoxicating liquor while having in the vehicle a
 
15 passenger younger than fifteen years of age.  The Act also
 
16 clarifies that a conviction under section 291-4.4, Hawaii Revised
 
17 Statutes (habitually driving under the influence), counts as a
 
18 prior driving under the influence of intoxicating liquor offense
 
19 for sentencing purposes.
 

 
Page 2                                                     212
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        C.D. 1

 
 1      SECTION 2.  Section 291-4, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  A person committing the offense of driving under the
 
 4 influence of intoxicating liquor shall be sentenced as follows
 
 5 without possibility of probation or suspension of sentence:
 
 6      (1)  For the first offense, or any offense not preceded
 
 7           within a five-year period by a conviction for driving
 
 8           under the influence of intoxicating liquor under this
 
 9           section[,] or section 291-4.4 by:
 
10           (A)  A fourteen-hour minimum alcohol abuse
 
11                rehabilitation program including education and
 
12                counseling, or other comparable program deemed
 
13                appropriate by the court; and
 
14           (B)  Ninety-day prompt suspension of license with
 
15                absolute prohibition from operating a motor
 
16                vehicle during suspension of license, or the court
 
17                may impose, in lieu of the ninety-day prompt
 
18                suspension of license, a minimum thirty-day prompt
 
19                suspension of license with absolute prohibition
 
20                from operating a motor vehicle and, for the
 
21                remainder of the ninety-day period, a restriction
 
22                on the license that allows the person to drive for
 

 
 
 
Page 3                                                     212
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        C.D. 1

 
 1                limited work-related purposes and to participate
 
 2                in alcoholism treatment programs; and
 
 3           (C)  Any one or more of the following:
 
 4                (i)  Seventy-two hours of community service work;
 
 5               (ii)  Not less than forty-eight hours and not more
 
 6                     than five days of imprisonment; or
 
 7              (iii)  A fine of not less than $150 but not more
 
 8                     than $1,000.
 
 9      (2)  For an offense [which] that occurs within five years of
 
10           a prior conviction for driving under the influence of
 
11           intoxicating liquor under this section[,] or section
 
12           291-4.4 by:
 
13           (A)  Prompt suspension of license for a period of one
 
14                year with the absolute prohibition from operating
 
15                a motor vehicle during suspension of license;
 
16           (B)  Either one of the following:
 
17                (i)  Not less than one hundred hours of community
 
18                     service work; or
 
19               (ii)  Not less than forty-eight consecutive hours
 
20                     but not more than fourteen days of
 
21                     imprisonment of which at least forty-eight
 
22                     hours shall be served consecutively; and
 

 
 
 
Page 4                                                     212
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        C.D. 1

 
 1           (C)  A fine of not less than $500 but not more than
 
 2                $1,500.
 
 3      (3)  For an offense [which] that occurs within five years of
 
 4           two prior convictions for driving under the influence
 
 5           of intoxicating liquor under this section[,] or section
 
 6           291-4.4 by:
 
 7           (A)  A fine of not less than $500 but not more than
 
 8                $2,500;
 
 9           (B)  Revocation of license for a period not less than
 
10                one year but not more than five years; and
 
11           (C)  Not less than ten days but not more than thirty
 
12                days imprisonment of which at least forty-eight
 
13                hours shall be served consecutively.
 
14      (4)  Any person eighteen years of age or older, who is
 
15           convicted under this section and who operated or
 
16           assumed actual physical control of a vehicle with a
 
17           passenger, in or on the vehicle, who was younger than
 
18           fifteen years of age, shall be sentenced to an
 
19           additional mandatory fine of $500, and an additional
 
20           mandatory term of imprisonment of forty-eight hours;
 
21           provided, however, that the total term of imprisonment
 
22           for a person convicted under this section shall not
 
23           exceed thirty days.
 

 
Page 5                                                     212
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        C.D. 1

 
 1      [(4)] Notwithstanding any other law to the contrary, any
 
 2 conviction for driving under the influence of intoxicating
 
 3 liquor[,] under this section or section 291-4.4 shall be
 
 4 considered a prior conviction[.] for purposes of imposing
 
 5 sentence under this section.
 
 6      [(5)] No license suspension or revocation shall be imposed
 
 7 pursuant to this subsection if the person's license has
 
 8 previously been administratively revoked pursuant to part XIV of
 
 9 chapter 286 for the same offense; provided that, if the
 
10 administrative revocation is subsequently reversed, the person's
 
11 license shall be suspended or revoked as provided in this
 
12 subsection."
 
13      SECTION 3.  Section 291-4.4, Hawaii Revised Statutes, is
 
14 amended by amending subsection (b) to read as follows:
 
15      "(b)  For the purposes of this section, a driving under the
 
16 influence offense means a violation of this section or section
 
17 291-4, 291-7, or 707-702.5, or violation of laws in another
 
18 jurisdiction [which] that requires proof of each element of the
 
19 offenses punishable under either this section or section 291-4,
 
20 291-7, or 707-702.5 if committed in Hawaii."
 
21      SECTION 4.  No person arrested for a violation of section
 
22 291-4, Hawaii Revised Statutes, prior to the effective date of
 

 
 
 
Page 6                                                     212
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        C.D. 1

 
 1 this Act shall be sentenced to an additional mandatory $500 fine
 
 2 or to an additional mandatory term of forty-eight hours of
 
 3 imprisonment under this Act.  This Act shall apply, for purposes
 
 4 of determining prior convictions under sections 291-4 and
 
 5 291-4.4, Hawaii Revised Statutes, to any person convicted under
 
 6 section 291-4 or 291-4.4 prior to its effective date.
 
 7      SECTION 5.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 6.  This Act shall take effect upon its approval.