Bill Text: HI HB658 | 2012 | Regular Session | Introduced

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Bill Title: Driver Education; Operating a Vehicle Under the Influence of an Intoxicant

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB658 Detail]

Download: Hawaii-2012-HB658-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	658
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to driver education.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

PART I.

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to title 17 to be appropriately designated and to read as follows:

"Chapter

MOTOR VEHICLE SAFETY DRIVER EDUCATION FUND

     §   -1  Definitions.  As used in this chapter:

     "Conviction" includes, in the case of a minor, not only a conviction of the offense but also an adjudication of delinquency by a family court, and any disposition of the case which involves an admission on the commission of the offense.

     "Driver" and "vehicle" have the meanings defined by section 291C-1.

     §   -2  Motor vehicle safety driver education fund; established.  (a)  There is established in the state treasury a special fund to be known as the motor vehicle safety driver education fund to be administered by the motor vehicle safety office of the department of transportation.  The fund shall consist of moneys raised pursuant to the surcharges levied upon persons convicted under sections 291E-61 and 291E-61.5.

     (b)  The fund shall be used to for the purpose of funding driver education programs administered by the motor vehicle safety office."

     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 five-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;

         (C)  Any one or more of the following:

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

             (ii)  Not less than forty-eight hours and not more than five days of imprisonment; or

            (iii)  A fine of not less than $150 but not more than $1,000;

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

         (E)  A surcharge of up to $200 to be deposited into the motor vehicle safety driver education fund; and

       [(E)]  (F)  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 five years of a prior conviction for an offense under this section or section 291E-4(a):

         (A)  Revocation for not less than eighteen months nor more than two 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)  Not less than two hundred forty hours of community service work; or

             (ii)  Not less than five days but not more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively;

         (C)  A fine of not less than $500 but not more than $1,500;

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

         (E)  A surcharge of up to $200 to be deposited into the motor vehicle safety driver education fund; and

       [(E)]  (F)  A surcharge of up to $50 if the court so orders, to be deposited into the trauma system special fund;

     (3)  For an offense that occurs within five years of two prior convictions for offenses under this section or section 291E-4(a):

         (A)  A fine of not less than $500 but not more than $2,500;

         (B)  Revocation for two 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;

         (C)  Not less than ten days but not more than thirty days imprisonment, of which at least forty-eight hours shall be served consecutively;

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

         (E)  A surcharge of up to $200 to be deposited into the motor vehicle safety driver education fund; and

       [(E)]  (F)  A surcharge of up to $50 if the court so orders, to be deposited into the trauma system special fund;

     (4)  In addition to a sentence imposed under paragraphs (1) through (3), 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), (2), or (3), as applicable.  Notwithstanding paragraphs (1) and (2), the revocation period for a person sentenced under this paragraph shall be not less than two years; and

     (5)  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 (4); 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 not less than one year but not more than five years;

         (B)  Not less than ten days imprisonment, of which at least forty-eight hours shall be served consecutively;

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

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

         (E)  A surcharge of up to $200 to be deposited into the motor vehicle safety driver education fund; and

       [(E)]  (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."

PART II.

     SECTION 4.  (a)  The motor vehicle safety office of the department of transportation shall establish a statewide driver education program in cooperation with the department of education.

     (b)  The program shall include:

     (1)  A campaign to increase awareness of the dangers of drunk driving; and

     (2)  An information program to encourage students and young drivers to utilize safe driving practices; provided that the program shall include curricula to prevent drunk driving.

PART III.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Driver Education; Operating a Vehicle Under the Influence of an Intoxicant

 

Description:

Imposes a surcharge for operating a vehicle under the influence of an intoxicant.  Establishes a special fund to be administered by the motor vehicle safety office.  Establishes a driver education program to increase awareness of the dangers of drunk driving and encourage safe driving practices in students and young drivers.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.