Bill Text: HI SB2082 | 2012 | Regular Session | Introduced
Bill Title: Use of Intoxicants; License Revocation
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-20 - (S) Referred to TIA, JDL. [SB2082 Detail]
Download: Hawaii-2012-SB2082-Introduced.html
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THE SENATE |
S.B. NO. |
2082 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to use of intoxicants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291E-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Except as provided in paragraph (5) and in section 291E-44.5, the respondent shall keep an ignition interlock device installed and operating in any vehicle the respondent operates during the revocation period. Except as provided in section 291E-5, installation and maintenance of the ignition interlock device shall be at the respondent's own expense. The periods of administrative revocation with respect to a license and privilege to operate a vehicle, and motor vehicle registration if applicable, that shall be imposed under this part are as follows:
(1) A one year revocation of license and privilege to operate a vehicle, if the respondent's record shows no prior alcohol enforcement contact or drug enforcement contact during the five years preceding the date the notice of administrative revocation was issued;
(2) An eighteen month revocation of license and privilege to operate a vehicle and of the registration of any motor vehicle registered to the respondent, if the respondent's record shows one prior alcohol enforcement contact or drug enforcement contact during the five years preceding the date the notice of administrative revocation was issued;
(3) A two-year revocation of license and privilege to operate a vehicle and of the registration of any motor vehicle registered to the respondent, if the respondent's record shows two prior alcohol enforcement contacts or drug enforcement contacts during the five years preceding the date the notice of administrative revocation was issued;
(4) A minimum of five years up to a maximum of ten years revocation of license and privilege to operate a vehicle and of the registration of any motor vehicle registered to the respondent, if the respondent's record shows three or more prior alcohol enforcement contacts or drug enforcement contacts during the ten years preceding the date the notice of administrative revocation was issued;
(5) For respondents under the age of eighteen years
who were arrested for a violation of section 291E-61 or 291E-61.5, revocation
of license and privilege to operate a vehicle for the appropriate revocation
period provided in paragraphs (1) to (4) or in subsection (d); provided that
the respondent shall be prohibited from driving during the period preceding the
respondent's eighteenth birthday and shall thereafter be subject to the
ignition interlock requirement of this subsection for the balance of the
revocation period; [or]
(6) For respondents, other than those excepted
pursuant to section [[]291E-44.5(b)[]], who do not install an
ignition interlock device in any vehicle the respondent operates during the
revocation period, revocation of license and privilege to operate a vehicle for
the period of revocation provided in paragraphs (1) to (5) or in subsection [[](d)[]];
provided that:
(A) The respondent shall be absolutely prohibited from driving during the revocation period and subject to the penalties provided by section 291E-62 if the respondent drives during the revocation period; and
(B) The director shall not issue an ignition interlock permit to the respondent pursuant to section 291E-44.5; or
(7) Lifetime revocation of license and privilege to operate a vehicle and of the registration of any motor vehicle registered to the respondent and a lifetime prohibition on any subsequent registration of motor vehicles by the respondent, if the respondent's record shows a conviction for operating a vehicle under the influence of an intoxicant under section 291E-61 that results in the death or serious bodily injury of another person;
provided that when more than one administrative revocation, suspension, or conviction arises out of the same arrest, it shall be counted as only one prior alcohol enforcement contact or drug enforcement contact, whichever revocation, suspension, or conviction occurs later.
For purposes of this subsection, "serious bodily injury" means an injury that causes serious, permanent disfigurement or protracted loss, or eternal impairment of the function of any bodily member or organ of another person."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Use of Intoxicants; License Revocation
Description:
Imposes a lifetime revocation of a person's driver's license upon a conviction of operating a vehicle under the influence of an intoxicant that results in the death or serious bodily injury of another person.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
