Bill Text: HI SB1334 | 2016 | Regular Session | Amended


Bill Title: Operating a Vehicle While Intoxicated; Motor Vehicle; Towing

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-01-21 - Re-Referred to TRE/PSM, JDL. [SB1334 Detail]

Download: Hawaii-2016-SB1334-Amended.html

THE SENATE

S.B. NO.

1334

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO OPERATING A VEHICLE WHILE INTOXICATED.

 

 

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

 


     SECTION 1.  Chapter 291E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291E-    Motor vehicle impoundment.  (a)  When a law enforcement officer arrests, or issues a summons or citation to, an operator of a motor vehicle for:

     (1)  Operating a vehicle under the influence of an intoxicant, as provided in section 291E-61;

     (2)  Habitually operating a vehicle under the influence of an intoxicant, as provided in section 291E-61.5;

     (3)  Operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant, as provided in section 291E-62; or

     (4)  Operating a vehicle after consuming a measurable amount of alcohol as provided in section 291E-64;

the officer may cause a tow of the motor vehicle at the owner's expense to a private tow yard, as provided in section 291C‑165.5.

     (b)  Law enforcement officers shall not cause to be towed any motor vehicle under this section if:

     (1)  The motor vehicle is parked on private property on which the registered owner or operator is legally residing, or the property owner does not object to the motor vehicle being left in the parked location;

     (2)  The registered owner or a passenger present in the vehicle when the operator is arrested, or when a summons or citation is issued, has a valid driver's license and is willing and legally able to operate the motor vehicle;

     (3)  The motor vehicle is legally parked at a time and place where the likelihood of it being subject to theft or vandalism is remote and traffic or public safety is not impeded; or

     (4)  The motor vehicle is engaged in community caretaking at the time of the encounter.  As used in this paragraph, "community caretaking" means any situation in which a law enforcement officer is using the vehicle for a consensual police-citizen encounter that is unrelated to the investigation or detection of any criminal activity.

     (c)  No county police department or law enforcement officer shall be responsible for the protection of a motor vehicle left on any public way or private property after the motor vehicle's operator has been arrested for a violation listed in subsection (a)."

     SECTION 2.  Section 291C-165.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Notwithstanding any other provision of this chapter, any vehicle identified for removal pursuant to any county ordinance or section 291E-   ordering or authorizing removal of motor vehicles by any county police department for traffic violations, including a vehicle [which] that constitutes an obstruction or hazard to traffic, may be towed away at the expense of the registered owner of the vehicle, as provided by this section."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.


 


 

Report Title:

Operating a Vehicle While Intoxicated; Motor Vehicle; Towing

 

Description:

Allows law enforcement officers to cause to be towed a motor vehicle if the operator is arrested or cited for various alcohol-related traffic offenses.  Adds an exception for community caretaking.  Provides definition of "community caretaking".  (SD1)

 

 

 

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

 

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