Bill Text: HI SB2329 | 2020 | Regular Session | Amended
Bill Title: Relating To Ignition Interlock Devices.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2020-07-09 - Received notice of disagreement (Sen. Com. No. 629). [SB2329 Detail]
Download: Hawaii-2020-SB2329-Amended.html
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THE SENATE |
S.B. NO. |
2329 |
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THIRTIETH LEGISLATURE, 2020 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO IGNITION INTERLOCK DEVICES.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291E-62, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) No person whose license and privilege to operate a vehicle have been revoked, suspended, or otherwise restricted pursuant to this section or to part III or section 291E-61 or 291E-61.5, or to part VII or part XIV of chapter 286 or section 200-81, 291-4, 291-4.4, 291-4.5, or 291-7 as those provisions were in effect on December 31, 2001, shall operate or assume actual physical control of any vehicle:
(1) In violation of any restrictions placed on the person's license;
(2) While the person's license or privilege to operate a vehicle remains suspended or revoked;
(3) Without
installing an ignition interlock device required by this chapter; or
(4) With
an ignition interlock permit unless the person has the ignition interlock permit
and government issued identification in the person's immediate
possession. For purposes of this paragraph,
"government issued identification" means:
(i) A
passport issued by the United States of America;
(ii) A
driver's license issued pursuant to any state or District of Columbia law;
(iii) An
identification card issued by any state or local government or the Bureau of
Indian Affairs; or
(iv) An
identification card issued by any branch of the Armed Forces of the United
States of America."
2. By
amending subsection (c) to read:
"(c) Any person convicted of violating this section shall be sentenced as follows without possibility of probation or suspension of sentence:
(1) For a first offense,
or any offense not preceded within a [five-year] ten-year period
by conviction for an offense under this section, section 291E-66, or section
291-4.5 as that section was in effect on December 31, 2001:
(A) A term of imprisonment of not less than three consecutive days but not more than thirty days;
(B) A fine of not less than $250 but not more than $1,000;
(C) Revocation of license and privilege to operate a vehicle for an additional year; and
(D) Loss of the privilege to operate a vehicle equipped with an ignition interlock device, if applicable;
(2) For an offense
that occurs within [five] ten years of a prior conviction for an
offense under this section, section 291E-66, or section 291-4.5 as that section
was in effect on December 31, 2001:
(A) Thirty days imprisonment;
(B) A $1,000 fine;
(C) Revocation of license and privilege to operate a vehicle for an additional two years; and
(D) Loss of the
privilege to operate a vehicle equipped with an ignition interlock device, if
applicable; [and]
(3) For an offense
that occurs within [five] ten years of two or more prior
convictions for offenses under this section, section 291E-66, or section
291-4.5 as that section was in effect on December 31, 2001, or any combination
thereof:
(A) [One year] No
less than six months but no more than one year of imprisonment;
(B) A $2,000 fine;
(C) Permanent revocation of the person's license and privilege to operate a vehicle; and
(D) Loss of the
privilege to operate a vehicle equipped with an ignition interlock device, if
applicable[.]; and
(4) In addition to a
sentence imposed under paragraphs (1) through (3), any person who is convicted under
this section and also convicted under section 291E-61 or 291E-61.5, for an offense
based on the same conduct or arising from the same episode, shall be sentenced to
terms of imprisonment for both offenses, which shall be served consecutively."
SECTION 2. Section 291E-66, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No person whose driving privileges have been restricted to operating a vehicle equipped with an ignition interlock device shall knowingly:
(1) Request, solicit,
direct, or authorize another person to blow into an ignition interlock device
or start a vehicle equipped with the device for the purpose of providing an
operable vehicle to a person who has been restricted by law to operating only a
vehicle so equipped; [or]
(2) Tamper with an
ignition interlock device with the intent to render it inaccurate or inoperable[.];
or
(3) Obscure a camera lens associated with an ignition interlock device."
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:
Ignition Interlock Devices; Sentencing
Description:
Requires consecutive terms of imprisonment for anyone convicted as a repeat or habitual offender if arising from same conduct as conviction for operating a vehicle without an interlock ignition device. Requires any person operating a vehicle with an ignition interlock to have government issued identification in their immediate possession. Expands the lookback period under provisions relating to ignition interlock requirements from five to ten years. Amends the sentencing guideline to be between six months and one year. Expands the offense of circumventing or tampering with an ignition interlock to include obscuring the camera lens. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
