STAND. COM. REP. NO. 3097

Honolulu, Hawaii

RE: S.B. No. 2253

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2253, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAY SAFETY,"

begs leave to report as follows:

The purpose and intent of this measure is to amend the offense of negligent injury in the first degree to include injuries negligently inflicted by intoxicated drivers.

Your Committee received testimony in support of this measure from the Department of Transportation, Department of the Prosecuting Attorney of the City and County of Honolulu, Department of the Prosecuting Attorney of the County of Maui, Office of the Prosecuting Attorney of the County of Hawaii, Kauaʻi Police Department, Oahu Metropolitan Planning Organization, and one individual.

Your Committee received comments on this measure from the Judiciary.

Your Committee finds that impaired driving continues to be a significant threat to public safety on the State's roads. Alcohol compromises driving skill at even low levels of blood-alcohol concentration and several studies have consistently demonstrated that both alcohol and drugs significantly contribute to crash risk. This measure will increase the legal consequences for negligent injury caused by impaired driving to reduce impaired driving incidents and enhance road safety.

Your Committee notes the concern raised by the Department of the Prosecuting Attorney of the City and County of Honolulu that restating certain language rather than specific cross-references to existing law governing the operation of a vehicle under the influence will ensure that first degree negligent injury remains a lesser-included offense of first degree negligent homicide. Your Committee further notes the concern raised by the Judiciary that additional time is needed to ensure proper implementation by the courts, including necessary updates to the Judiciary Information Management System. Therefore, amendments to this measure are necessary to address these concerns.

Your Committee has amended this measure by:

(1) Deleting language that would have specified criteria to clarify when a person is considered to be under the influence of alcohol or drugs;

(2) Changing its effective date to July 1, 2026; and

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

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2253, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2253, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair