Bill Text: HI SB659 | 2018 | Regular Session | Introduced

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Bill Title: Relating To Highway Safety.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [SB659 Detail]

Download: Hawaii-2018-SB659-Introduced.html

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THE SENATE	S.B. NO.	659
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to highway safety.

 

 

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

 

     SECTION 1.  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] $450 but not more than [$1,000;] $3,000;

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

         (E)  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] $1,500 but not more than [$1,500;] $4,500;

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

         (E)  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] $1,500 but not more than [$2,500;] $7,500;

         (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 $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] $1,500 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 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Highway Safety; Operating a Vehicle While Intoxicated; Fines

 

Description:

Increases the fines for violations of operating a vehicle while under the influence of an intoxicant.

 

 

 

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