SB2235 SD1

SECTION 1. Chapter 291E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291E- State drug and alcohol toxicology testing laboratory special fund; established. There is established in the state treasury a state drug and alcohol toxicology testing laboratory special fund, into which shall be deposited:

(1) All fines collected pursuant to sections 291E‑61(b)(2)(C), 291E-61.5(d)(2)(C), and 291E-62(c);

(2) Moneys appropriated by the legislature to the fund;

(3) Other grants and gifts made to the fund; and

(4) Any income and any interest earned on the balance of the fund.

Moneys in the special fund shall be expended by the department of health to support a state drug and alcohol toxicology laboratory."

SECTION 2. 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 the first offense, or any offense not preceded within a ten-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;

(i) Seventy-two hours of community service work;

(ii) No less than forty-eight hours and no more than five days of imprisonment; or

(iii) A fine of no less than $250 but no 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 ten years of a prior conviction for an offense under this section or section 291E-4(a):

(A) Revocation for no less than twenty-four months nor more than three 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) No less than two hundred forty hours of community service work; or

(ii) No less than five days but no more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively;

(C) A fine of no less than $1,000 but no more than $3,000[;] to be deposited into the state drug and alcohol toxicology testing laboratory special fund;

(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) In addition to a sentence imposed under paragraphs (1) and (2), 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) or (2), as applicable. Notwithstanding paragraphs (1) and (2), the revocation period for a person sentenced under this paragraph shall be no less than two years; and

(4) 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 (3); 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 3. Section 291E-61.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) For a conviction under this section, the sentence shall be either:

(1) An indeterminate term of imprisonment of five years; or

(2) A term of probation of five years, with conditions to include:

(A) Mandatory revocation of license and privilege to operate a vehicle for a period no less than three years but no more than five years;

(B) No less than ten days imprisonment, of which at least forty-eight hours shall be served consecutively;

(C) A fine of no less than $2,000 but no more than $5,000[;] to be deposited into the state drug and alcohol toxicology testing laboratory special fund;

(D) Referral to a certified substance abuse counselor as provided in section 291E-61(d);

(E) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(F) May be charged a surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders.

In addition to the foregoing, any vehicle owned and operated by the person committing the offense shall be subject to forfeiture pursuant to chapter 712A; provided that the department of transportation shall provide storage for vehicles forfeited under this subsection."

SECTION 4. Section 291E-62, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person convicted of violating this section shall be sentenced as follows without possibility of probation or suspension of sentence:

(1) For a first offense, or any offense not preceded within a five-year period by conviction for an offense under this section, section 291E-66, or section 291‑4.5 as that section was in effect on December 31, 2001:

(A) A term of imprisonment of not less than three consecutive days but not more than thirty days;

(B) A fine of not less than $250 but not more than $1,000[;] to be deposited into the state drug and alcohol toxicology testing laboratory special fund;

(D) Loss of the privilege to operate a vehicle equipped with an ignition interlock device, if applicable;

(2) For an offense that occurs within five years of a prior conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001:

(A) Thirty days imprisonment;

(B) A $1,000 fine[;] to be deposited into the state drug and alcohol toxicology testing laboratory special fund;

(D) Loss of the privilege to operate a vehicle equipped with an ignition interlock device, if applicable; and

(3) For an offense that occurs within five years of two or more prior convictions for offenses under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001, or any combination thereof:

(A) One year imprisonment;

(B) A $2,000 fine[;] to be deposited into the state drug and alcohol toxicology testing laboratory special fund;

(D) Loss of the privilege to operate a vehicle equipped with an ignition interlock device, if applicable."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	2235
THIRTIETH LEGISLATURE, 2020		S.D. 1
STATE OF HAWAII