Report Title:

Drivers licensing; minors

Description:

Requires judges to suspend the driver's licenses of licensed drivers under the age of 21 when the drivers have been convicted of illegal possession of liquor and if the defendant does not yet have a driver's license. Postpones the defendant's eligibility to obtain a license until the defendant is 18 years of age or for 90 days, whichever period is longer. Allows a judge the discretion to permit limited driving for those with a suspended license, if there is a need to drive for employment or educational purposes. Requires 8 – 12 hours of alcohol education and counseling classes. (HB2305 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2305

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO INTOXICATING LIQUOR VIOLATIONS INVOLVING MINORS.

 

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

SECTION 1. This Act shall be known as the "Driver's License Suspension for Underage Possession of Liquor Act."

SECTION 2. Section 281-101.5, Hawaii Revised Statutes, is amended to read as follows:

"§281-101.5 Prohibitions involving minors; penalty. (a) [No] Any adult [shall provide or purchase] who provides or purchases liquor for consumption or use by a person under twenty-one years of age[.] shall be criminally prosecuted pursuant to section 712-1250.5.

(b) No minor shall purchase liquor and no minor shall have liquor in the minor's possession or custody [in any motor vehicle on a public highway or] in any public place, public gathering, or public amusement, or at any public beach or public park[;], or in any motor vehicle on a public highway; provided that notwithstanding any other law to the contrary, this subsection shall not apply to:

(1) Possession or custody of liquor by a minor in the course of delivery, pursuant to the direction of the minor's employer lawfully engaged in business necessitating the delivery;

(2) Possession or custody of liquor by a minor in connection with the minor's authorized participation in religious ceremonies requiring the possession or custody; or

(3) Any person between the ages of eighteen and twenty, who is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health to determine the level of incidence of liquor sales to minors.

(c) No minor shall falsify any identification or use any false identification or identification of another person or of a fictitious person for the purpose of buying or attempting to buy liquor or for the purpose of obtaining employment to sell or serve liquor on licensed premises.

(d) Any person under age eighteen who violates this section shall be subject to the jurisdiction of the family court. [Any person age eighteen or older who violates subsection (a) shall be guilty of a misdemeanor.] Any person age eighteen to twenty-one who violates [subsections] subsection (b) or (c) shall be guilty of a petty misdemeanor. The court shall order that any person under twenty-one years of age found to be in violation of this section shall have, in addition to any other disposition or sentencing provision permitted by law, the person's license to operate a motor vehicle, or the person's ability to obtain a license to operate a motor vehicle, suspended as follows:

(1) For licensed drivers, the driver's license shall be suspended for ninety days with exceptions to allow, at the discretion of the sentencing court, driving to and from school, school-sponsored activities, and employment; or

(2) For persons not licensed to drive, eligibility to obtain a driver's license shall be suspended until the age of eighteen or for ninety days, whichever period is longer.

In addition, all persons, whether or not licensed, found to be in violation of this section shall be sentenced to an eight- to twelve-hour program of alcohol education and counseling, the costs of which shall be borne by the offender or the offender's parent or guardian."

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.