Bill Text: HI SB110 | 2012 | Regular Session | Amended

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Bill Title: Intoxicating Liquor; Minors; Immunity From Prosecution

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB110 Detail]

Download: Hawaii-2012-SB110-Amended.html

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STAND. COM. REP. NO. 579

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 110

       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 S.B. No. 110, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO INTOXICATING LIQUOR VIOLATIONS INVOLVING MINORS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to provide minors with immunity from prosecution for the consumption, purchase, or possession of liquor under limited circumstances where a minor summons medical treatment for another minor who requires medical treatment as a result of consuming liquor.

 

     Your Committee received testimony in support of this measure from the Drug Policy Forum of Hawai‘i.  Your Committee received testimony in opposition to this measure from the Police Department of the City and County of Honolulu and one individual.

 

     One of the rationales for the prohibition of underage consumption of alcohol is the concern that minors, particularly teenagers, tend to be impulsive and prone to risk-taking, resulting in poor decision-making.  While your Committee strongly agrees that consumption of alcohol by minors is not acceptable, your Committee finds that the limited immunity proposed by this measure appropriately prioritizes the idea of saving the lives of minors through facilitating necessary medical treatment for minors who consume an excessive amount of alcohol, rather than prioritizing the arrest of those minors who consume alcohol in those situations.  Minors faced with a medical emergency due to the consumption of alcohol may try other methods to revive a victim instead of calling for help, particularly when the result of a 9-1-1 call could result in the caller's arrest.  This measure will encourage minors present at the time of a medical emergency to call for help immediately.

 

     Your Committee has amended this measure by:

 

     (1)  Inserting an effective date of July 1, 2050, to allow for further discussion; and

 

     (2)  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 and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 110, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 110, S.D. 2.

 

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

 

		____________________________ CLAYTON HEE, Chair