STAND. COM. REP. NO. 2825

Honolulu, Hawaii

RE: S.B. No. 2330

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Transportation and Public Safety, Intergovernmental, and Military Affairs, to which was referred S.B. No. 2330 entitled:

"A BILL FOR AN ACT RELATING TO OPERATING A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT,"

beg leave to report as follows:

The purpose and intent of this measure is to strengthen Hawaii's laws regarding operating a vehicle under the influence of an intoxicant by:

(1) Establishing penalties for and defining "highly intoxicated operator";

(2) Increasing license revocation periods and lookback periods for offenses of operating a vehicle under the influence of an intoxicant; and

(3) Increasing penalties for repeat offenders, habitual offenders, and persons driving on a suspended or revoked license for offenses of operating a vehicle under the influence of an intoxicant.

Your Committees received testimony in support of this measure from the Department of Transportation; Honolulu Police Department; Department of the Prosecuting Attorney, City and County of Honolulu; Office of the Prosecuting Attorney, County of Hawaii; Mothers Against Drunk Driving; Smart Start; and one individual. Your Committees received testimony in opposition to this measure from the Office of the Public Defender.

Your Committees find that the habitual "highly intoxicated driver," or someone who has been arrested and convicted many times over, poses a substantial risk to others on the road. Despite their repeated arrests and convictions, these drivers continue to drink and drive. Your Committees have heard testimony from the Department of Transportation expressing concern that these drivers will eventually be involved in a collision resulting in someone's death.

Your Committees further find that during 2015-2019, police arrested an average of 6,030 drivers for operating a vehicle under the influence of an intoxicant per year. An average 1,664 of those 6,030 drivers who were arrested and tested, had blood alcohol concentration of 0.150 and higher. In addition, the average blood alcohol concentration during 2015-2019 was 0.162, more than double the legal limit. This measure aims to strengthen the current law regarding operating a vehicle under the influence of an intoxicant.

Your Committees note that H.B. No. 2174, H.D. 1 (Regular Session of 2020), is a substantially similar measure that also amends current laws regarding operating a vehicle under the influence of an intoxicant. Your Committees conclude that the language in H.B. No. 2174, H.D. 1, which was submitted as a proposed S.D. 1 via the testimony of the Department of the Prosecuting Attorney for the City and County of Honolulu, is preferable, as it was produced as a collaborative effort that included the input from the Department of Transportation's Hawaii Drug and Alcohol Intoxicated Driving Working Group (comprised of members including the county police and prosecutors, Mothers Against Drunk Driving, and the Department of Health), Hawaii Association of Criminal Defense Lawyers, and the Office of the Public Defender.

Accordingly, your Committees have amended this measure by:

(1) Deleting its contents and inserting the contents of the proposed S.D. 1 provided by the Department of the Prosecuting Attorney, City and County of Honolulu, which was introduced as H.B. No. 2174, H.D. 1, a substantially similar measure, which:

(A) Defines the term "highly intoxicated driver";

(B) Establishes higher penalties for operating a vehicle under the influence of an intoxicant as a "highly intoxicated driver";

(C) Increases license revocation periods ordered by the Administrative Driver's License Revocation Office, and applicable lookback periods;

(D) Requires that ignition interlock devices be installed and maintained on one or more vehicles registered to, and all vehicles operated by, anyone convicted of operating a vehicle under the influence of an intoxicant, during their applicable period of license revocation; and

(E) Establishes higher penalties for repeatedly operating a vehicle under the influence of an intoxicant offenders and habitual operating a vehicle under the influence of an intoxicant offenders; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Transportation and Public Safety, Intergovernmental, and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2330, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2330, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Transportation and Public Safety, Intergovernmental, and Military Affairs,

________________________________ CLARENCE K. NISHIHARA, Chair

________________________________ LORRAINE R. INOUYE, Chair