Bill Text: HI HB393 | 2012 | Regular Session | Amended

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Bill Title: Judicial Sentencing; Penal Code; Manslaughter; Negligent Homicide

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Enrolled - Dead) 2012-04-13 - (H) Received notice of all Senate conferees being discharged (Sen. Com. No. 747). [HB393 Detail]

Download: Hawaii-2012-HB393-Amended.html

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STAND. COM. REP. NO. 1260

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 393

       H.D. 2

       S.D. 2

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 393, H.D. 2, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO CRIME,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Amend the driver's license revocation provision to require a maximum license revocation period of up to ten years upon conviction of a driver for manslaughter involving the operation of a vehicle;

 

     (2)  Require the courts to revoke the license of any driver for up to five years upon a conviction of a driver of negligent homicide in the first degree or negligent homicide in the second degree;

 

     (3)  Allow up to two years of imprisonment when a convicted defendant is sentenced to probation for manslaughter; and

 

     (4)  Clarify that probation is an applicable sentence for manslaughter.

 

     Your Committee finds that the measure is intended to provide clarification for the sentencing of those convicted of certain homicide offenses resulting from the operation of a motor vehicle by providing for license revocation periods that are appropriate and justified for those who have been convicted of serious traffic-related fatalities.  This measure also clarifies that a court may sentence a defendant convicted of manslaughter to two years of imprisonment as a condition of probation.

 

     Your Committee believes that it is imperative to be clear when sentencing a defendant to particular crimes, especially those that involve the operation of a motor vehicle, particularly while under the influence of drugs or alcohol.  The ignition interlock law, which amended chapter 291E, Hawaii Revised Statutes, relating to the use of intoxicants while operating a vehicle, is intended to make Hawaii's roads and communities safer.  The device prohibits a person from driving a vehicle equipped with the device from starting the vehicle if the person has more than a miniscule amount of alcohol in the person's system.  However, conflicts and confusion about the new law's implementation, including issues relating to a defendant whose license was suspended or revoked or who was sentenced under the old law, create a sentencing problem.  Accordingly, your Committee believes that the provisions that create two classes of defendants, those under the old law and those under the new law, should be amended to allow certain defendants to enter the ignition interlock program.  By doing so, your Committee believes that the benefits of the ignition interlock program, safer streets and defendants who are repeatedly reminded not to drink and drive because they must test themselves every time they try to operate their vehicles, should be extended to certain defendants who are subject to the old law.

 

     Your Committee notes that these amendments apply only to certain categories of offenders whose driving privileges were suspended or revoked or who were convicted prior to the enactment of the new ignition interlock provisions.  Your Committee finds that these amendments to the ignition interlock procedures will facilitate a smooth transition for certain offenders, including offenders who were convicted under the old law but sentenced under the new ignition interlock law, thereby providing clarification in sentencing and penalties for these offenders.

 

     Your Committee also notes that the Ignition Interlock Task Force and Mothers Against Drunk Driving HAWAII have not taken a position on the amendments proposed by this measure because they have not had the opportunity to consult with legal counsel.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Adding a new part II that will allow persons who have had their driving privileges suspended or revoked under certain circumstances to petition the court for an order of eligibility for an ignition interlock permit; and

 

     (2)  Inserting an effective date of July 1, 2050, to allow Mothers Against Drunk Driving HAWAII and the Ignition Interlock Task Force to seek legal counsel.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 393, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 393, H.D. 2, S.D. 2.

 

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

 

____________________________ CLAYTON HEE, Chair