REPORT TITLE:
DUI; Endanger Minors; Penalty


DESCRIPTION:
Imposes an additional mandatory fine of $500 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 12 years old or younger. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           660
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
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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 18 or over convicted of driving under the influence of
 
14 intoxicating liquor while having in the vehicle a passenger age
 
15 12 or under.
 
16      SECTION 2.  Section 291-4, Hawaii Revised Statutes, is
 
17 amended by amending subsection (b) to read as follows:
 
18      "(b)  A person committing the offense of driving under the
 
19 influence of intoxicating liquor shall be sentenced as follows
 
20 without possibility of probation or suspension of sentence:
 

 
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 1      (1)  For the first offense, or any offense not preceded
 
 2           within a five-year period by a conviction under this
 
 3           section, by:
 
 4           (A)  A fourteen-hour minimum alcohol abuse
 
 5                rehabilitation program including education and
 
 6                counseling, or other comparable program deemed
 
 7                appropriate by the court; and
 
 8           (B)  Ninety-day prompt suspension of license with
 
 9                absolute prohibition from operating a motor
 
10                vehicle during suspension of license, or the court
 
11                may impose, in lieu of the ninety-day prompt
 
12                suspension of license, a minimum thirty-day prompt
 
13                suspension of license with absolute prohibition
 
14                from operating a motor vehicle and, for the
 
15                remainder of the ninety-day period, a restriction
 
16                on the license that allows the person to drive for
 
17                limited work-related purposes and to participate
 
18                in alcoholism treatment programs; and
 
19           (C)  Any one or more of the following:
 
20                (i)  Seventy-two hours of community service work;
 
21               (ii)  Not less than forty-eight hours and not more
 
22                     than five days of imprisonment; or
 
23              (iii)  A fine of not less than $150 but not more
 

 
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 1                     than $1,000.
 
 2      (2)  For an offense [which] that occurs within five years of
 
 3           a prior conviction under this section, by:
 
 4           (A)  Prompt suspension of license for a period of one
 
 5                year with the absolute prohibition from operating
 
 6                a motor vehicle during suspension of license;
 
 7           (B)  Either one of the following:
 
 8                (i)  Not less than one hundred hours of community
 
 9                     service work; or
 
10               (ii)  Not less than forty-eight consecutive hours
 
11                     but not more than fourteen days of
 
12                     imprisonment of which at least forty-eight
 
13                     hours shall be served consecutively;
 
14                and
 
15           (C)  A fine of not less than $500 but not more than
 
16                $1,500.
 
17      (3)  For an offense [which] that occurs within five years of
 
18           two prior convictions under this section, by:
 
19           (A)  A fine of not less than $500 but not more than
 
20                $2,500;
 
21           (B)  Revocation of license for a period not less than
 
22                one year but not more than five years; and
 
23           (C)  Not less than ten days but not more than thirty
 

 
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 1                days imprisonment of which at least forty-eight
 
 2                hours shall be served consecutively.
 
 3      (4)  In addition to any other term of imprisonment or fine
 
 4           imposed under this subsection, any person eighteen
 
 5           years of age or older, who is convicted under this
 
 6           section and who operated or assumed actual physical
 
 7           control of a vehicle with a passenger, in or on the
 
 8           vehicle, who was twelve years of age or younger, shall
 
 9           be sentenced to a mandatory fine of $500.
 
10      [(4)] Notwithstanding any other law to the contrary, any
 
11 conviction for driving under the influence of intoxicating
 
12 liquor[,] shall be considered a prior conviction.
 
13      [(5)] No license suspension or revocation shall be imposed
 
14 pursuant to this subsection if the person's license has
 
15 previously been administratively revoked pursuant to part XIV of
 
16 chapter 286 for the same offense; provided that, if the
 
17 administrative revocation is subsequently reversed, the person's
 
18 license shall be suspended or revoked as provided in this
 
19 subsection."
 
20      SECTION 3.  This Act does not affect rights and duties that
 
21 matured, penalties that were incurred, and proceedings that were
 
22 begun, before its effective date.
 
23      SECTION 4.  Statutory material to be repealed is bracketed.
 

 
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 1 New statutory material is underscored.
 
 2      SECTION 5.  This Act shall take effect upon its approval.