Bill Text: HI HB1574 | 2014 | Regular Session | Introduced
Bill Title: Motor Vehicles; Habitually Operating a Vehicle While Under the Influence of an Intoxicant
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-17 - Referred to TRN, JUD, referral sheet 2 [HB1574 Detail]
Download: Hawaii-2014-HB1574-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1574 |
TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HABITUALLY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF AN INTOXICANT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291E-61.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) For the purposes of this section:
"Convicted one or more times for offenses of habitually operating a vehicle while under the influence of an intoxicant" means that, at the time of the behavior for which the person is charged under this section, the person had one or more times within ten years of the instant offense:
(1) A judgment on a verdict or a finding of guilty, or a plea of nolo contendere, for a violation of this section or section 291-4.4, as that section was in effect on December 31, 2001;
(2) A judgment on a verdict or a finding of guilty, or a plea of nolo contendere, for an offense that is comparable to this section or section 291-4.4, as that section was in effect on December 31, 2001; or
(3) An adjudication of a minor for a law or probation violation that, if committed by an adult, would constitute a violation of this section or section 291-4.4, as that section was in effect on December 31, 2001;
that, at the time of the instant offense, had not been expunged by pardon, reversed, or set aside. All convictions that have been expunged by pardon, reversed, or set aside prior to the instant offense shall not be deemed prior convictions for the purposes of proving the person's status as a habitual operator of a vehicle while under the influence of an intoxicant.
"Convicted three or more times for
offenses of operating a vehicle while under the [influence"]
influence of an intoxicant" means that, at the time of the behavior
for which the person is charged under this section, the person had three or
more times within ten years of the instant offense:
(1) A judgment on a verdict or a finding of guilty,
or a plea of guilty or nolo contendere, for a violation of [this section or]
section 291-4[, 291-4.4,] or 291-7 as those sections were in effect on
December 31, 2001, or section 291E-61 or 707-702.5;
(2) A judgment on a verdict or a finding of guilty,
or a plea of guilty or nolo contendere, for an offense that is comparable to [this
section or] section 291-4[, 291-4.4,] or 291-7 as those sections
were in effect on December 31, 2001, or section 291E-61 or 707-702.5; or
(3) An adjudication of a minor for a law or probation
violation that, if committed by an adult, would constitute a violation of [this
section or] section 291-4[, 291-4.4,] or 291-7 as those sections
were in effect on December 31, 2001, or section 291E-61 or 707-702.5;
that, at the time of the instant offense, had not been expunged by pardon, reversed, or set aside. All convictions that have been expunged by pardon, reversed, or set aside prior to the instant offense shall not be deemed prior convictions for the purposes of proving the person's status as a habitual operator of a vehicle while under the influence of an intoxicant.
[A person has the status of a "habitual]
"Habitual operator of a vehicle while under the influence of an
intoxicant" [if] means that the person [has been
convicted three] was convicted:
(1) Three or more times [within ten
years of the instant offense,] for offenses of operating a vehicle while
under the influence of an intoxicant[.]; or
(2) One or more times for offenses of habitually operating a vehicle while under the influence of an intoxicant."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2014.
INTRODUCED BY: |
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Report Title:
Motor Vehicles; Habitually Operating a Vehicle While Under the Influence of an Intoxicant
Description:
Expands definition of "habitual operator of a vehicle while under the influence of an intoxicant" to include violators with at least one conviction within the last ten years for offense of habitually operating a vehicle while under the influence of an intoxicant.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.