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THE SENATE |
S.B. NO. |
2253 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HIGHWAY SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 707-705, Hawaii Revised Statutes, is amended to read as follows:
"§707-705 Negligent injury in the first degree. (1) A person commits the offense of negligent injury in the first degree if that person causes:
(a) Serious bodily injury to another person by the operation of a vehicle in a negligent manner; or
(b) Substantial bodily
injury to a vulnerable user by the operation of a [[]vehicle[]]
in a negligent manner[.]; or
(c) Substantial
bodily injury to another person by the operation of a vehicle in a negligent
manner:
(i) While
under the influence of alcohol in an amount sufficient to impair the person's
normal mental faculties or ability to care for the person and guard against
casualty;
(ii) While
under the influence of any drug that impairs the person's ability to operate
the vehicle in a careful and prudent manner;
(iii) With
.08 or more grams of alcohol per two hundred ten liters of breath; or
(iv) With
.08 or more grams of alcohol per one hundred milliliters or cubic centimeters
of blood.
For the purposes of this
paragraph:
"Alcohol" has the
same meaning as defined in section 291E-1.
"Drug" has the
same meaning as defined in section 291E-1.
"Under the
influence" has the same meaning as defined in section 291E-1.
(2) Negligent injury in the first degree is a class C felony.
(3) A conviction and sentence under subsection
(1)(c) shall be in addition to and not in lieu of any conviction and sentence
for any offense under this chapter or chapter 291E; provided that the sentence
imposed under this section may run concurrently or consecutively with the
sentence of the other offense.
(4) Each instance of substantial bodily injury to another person under subsection (1)(c) shall constitute a separate offense."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Honolulu Prosecuting Attorney Package; Criminal Offenses; Negligent Injury
Description:
Amends the offense of negligent injury in the first degree to include injuries negligently inflicted by intoxicated drivers. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.