Report Title:

Safety

 

Description:

Establishes an ignition interlock program.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2639

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to vehicle ignition interlock systems.

 

 

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

 


PART I.

     SECTION 1.  The legislature finds that there is a need to reduce the incidence of drivers on highways and roads of this State, who, because of their use, consumption, or possession of intoxicating liquor, pose a danger to the health and safety of the people of Hawaii.

     One method of dealing with the problem of drinking drivers is to discourage the use of motor vehicles by persons who possess or have consumed alcoholic beverages.  The installation of an ignition interlock system that measures breath alcohol will provide a means of deterring the use of motor vehicles by these persons.  Ignition interlock systems are designed to supplement other methods of punishment that prevent drivers who have been convicted of driving under the influence of an intoxicant from using a motor vehicle after using, possessing, or consuming alcohol.  It is economically and technically feasible to have an ignition interlock system installed in a motor vehicle in such a manner that the vehicle will not start if the operator has recently consumed alcohol.

     The purpose of this Act, to be known as the "Drunk Driving Reduction Act of 2008", is to authorize the court to require a person convicted of driving under the influence of an intoxicant to attach an ignition interlock system to the person's car to prevent impaired driving, in addition to other sanctions.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER A

IGNITION INTERLOCK SYSTEMS

     §   A-1  Definitions.  As used in this chapter:

     "Director" means the director of transportation.

     "Examiner of drivers" means the person or persons appointed under 286-101.

     "Ignition interlock system" means an alcohol monitoring system certified by Underwriters Laboratory Inc., or an equivalent nationally recognized certification organization which prevents a motor vehicle from being started at any time the device detects a predetermined blood alcohol level in the operator by testing a deep-lung breath sample.

     "Installer" means an installer of an ignition interlock system certified by the director pursuant to this chapter.

     §   A-2  Proof of compliance; failure to comply.  (a)  When the court sentences an offender to the use of an ignition interlock system, the court shall require the offender to provide proof of installation to the director within ten working days.

     (b)  If the person fails to provide proof of installation within that period, absent a finding of good cause by the court, the court shall revoke or terminate the person's driving privileges for the remaining period during which the use of the system was required.

     (c)  In the event that the system cannot be installed due to unavailability of the system, the manufacturer or installer shall report this to the court and the court may extend the time for implementation of the system for an additional thirty days.

     (d)  For the purposes of this section, good cause for failure to comply shall mean any reason the court deems sufficiently justifiable to excuse the person's failure to comply with its order.

     (e)  The court shall also require an imprint or attachment of a notation on the driver's license of any person restricted under this chapter indicating that the person may operate only a motor vehicle equipped with an ignition interlock system.

     §   A-3  Monitoring.  Any person required to install an ignition interlock system shall have the system monitored by the manufacturer of the system for proper use and accuracy at least quarterly or more frequently, as the court may order.  A report of such monitoring shall be issued by the manufacturer to the director within fourteen days following each such monitoring.

     §   A-4  Costs.  (a)  If an ignition interlock is ordered installed pursuant to this chapter, the offender shall pay the reasonable costs of leasing or buying and installing the system.

     (b)  No person may be excluded from those costs for inability to pay unless that person files an affidavit of indigency or inability to pay with the court within ten days of the order, that investigation confirms such indigency or establishes that the payment of such cost would cause a grave and serious hardship to the individual or to the family of the individual, and that the court enters a written finding thereof.  In lieu of waiver of the entire amount of the cost, the court may direct the offender to make partial or installment payments of costs when appropriate.  Subject to appropriation, the State shall reimburse the installer of a device provided to any person for whom payment of costs has been waived on the grounds of indigency.  An additional fee of not more than $100 shall be paid to the court by each person ordered to implement the ignition interlock device pursuant to this chapter, and all those fees shall be deposited in the general fund, subject to appropriation, for the support costs incurred through implementation by individuals deemed indigent.

     (c)  No fee shall be collected from any person who, after the filing of an affidavit of indigency or inability to pay with the court within ten days of the orders and investigation confirming that indigency or establishing that the payment of the fee would cause a grave and serious hardship to the individual or to the family thereof, is determined by the court to be indigent, provided that the court enters a written finding thereof.  In lieu of waiver of the entire amount of the fee, the court may direct the individual to make partial or installment payments of the fee when appropriate.  Failure to pay the fees required under this section, unless excused, shall constitute sufficient basis for a finding by the court at a hearing that the person has failed to comply with implementation.

     §   A-5  Employer-owned vehicles.  (a)  If an offender is required, in the course and scope of the person's employment to operate a motor vehicle owned by the person's employer, the person may operate that vehicle without installation of an ignition interlock system only if the employer has been notified that the employee is restricted as provided in section 291E-61, the employee has proof of the notification in possession while operating the employer's vehicle in the course of employment, and that the license needed to operate the vehicle is not a category four license.

     (b)  To the extent that an employer-owned vehicle is made available for personal use to the person subject to this chapter, no exemption under this section shall apply.  A person intending to operate an employer-owned motor vehicle for personal use and who is required to operate only a motor vehicle equipped with a certified ignition interlock system shall bear the burden of notifying the employer in accordance with this section and obtaining consent in writing from the employer to install such a system in the employer-owned vehicle.

     (c)  Upon conviction for violation of any provision of this section, the court shall notify the examiner of drivers who shall immediately revoke the person's license to operate a vehicle for the remainder of the period of suspension or revocation during which the ignition interlock requirement was imposed.

     §   A-6  Tampering; use of other than personal motor vehicle.  (a)  A person shall not knowingly circumvent or tamper with the operation of an ignition interlock system.

     (b)  No person shall knowingly rent, lease, or lend a motor vehicle to a person whose driving privilege is restricted as provided in this chapter, unless the vehicle is equipped with a functioning, certified ignition interlock system.  Any person whose driving privilege is restricted shall notify any other person who rents, leases, or lends a motor vehicle to the restricted person of the driving restriction imposed under this chapter.

     (c)  No person shall knowingly solicit another to blow into an ignition interlock system to start the motor vehicle so as to circumvent the system.

     (d)  No person shall knowingly blow into an ignition interlock system or start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to someone required to have such a system.

     (e)  This section does not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.

     §   A-7  Certification.  (a)  The director shall certify or cause to be certified ignition interlock systems for use in the State and adopt rules under chapter 91 for the certification of the systems.  The standards shall require at least that:

     (1)  The system shall not impede the safe operation of the vehicle;

     (2)  The system shall have features that make circumvention difficult and that do not interfere with the normal use of the vehicle;

     (3)  The system shall correlate well with established measures of alcohol impairment;

     (4)  The system shall work accurately and reliably in an unsupervised environment;

     (5)  The system shall resist tampering and give evidence if tampering is attempted;

     (6)  The system requires a deep-lung breath sample as a measure of blood alcohol concentration equivalence;

     (7)  The system is manufactured by a party who will provide liability insurance; and

     (8)  The ignition interlock system is certified by Underwriters Laboratory Inc. or an equivalent nationally recognized certification organization.

     (b)  A list of certified systems shall be published by the director and the cost of the certification shall be borne by the manufacturers of ignition interlock systems seeking to sell or offer for sale or lease those devices in the State.

     (c)  The director may make an assessment against the manufacturers of ignition interlock systems seeking to sell or offer for sale or lease those devices in the State for the costs incurred in the process of certifying each ignition interlock device.

     §   A-8  Misuse of system.  No person shall advertise for sale, offer for sale, or sell or lease an ignition interlock system in the State unless the system has been certified by the director and the manufacturer of the system has affixed a warning label on the system approved by the director, stating that the tampering, circumventing, or other misuse of the system may be a misdemeanor subject to a fine or imprisonment or both, as established in section    -9.

     §   A-9  Penalty.  Any person convicted of a violation of this chapter shall be guilty of a misdemeanor and the court shall revoke or terminate the person's driving privileges for the remaining period during which the use of the system was required.

     §    A-10  Annual Report.  The department of transportation shall monitor the use of ignition interlock systems and shall submit a report to the legislature no later than twenty days prior to the convening of the 2010 regular session, on the implementation, use, and effectiveness of ignition interlock systems."

     SECTION 3.  Section 291E-61, Hawaii Revised Statutes, is amended to read as follows:

     "PART IV.  PROHIBITED CONDUCT

     §291E-61  Operating a vehicle under the influence of an intoxicant.  (a)  A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual physical control of a vehicle:

     (1)  While under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty;

     (2)  While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner;

     (3)  With .08 or more grams of alcohol per two hundred ten liters of breath; or

     (4)  With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood.

     (b)  A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced as follows without possibility of probation or suspension of sentence:

     (1)  Except as provided in [paragraph] (2), 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)  Ninety‑day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the ninety‑day prompt suspension of license, a minimum thirty‑day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the ninety‑day period, a restriction on the license that allows the person to drive for limited work‑related purposes and to participate in substance abuse treatment programs;

        (C)(B) 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 but not more than $1,000; and

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

         (D)  Connection of an ignition interlock system to the offender's vehicle for one year pursuant to chapter     ; provided that if an offender violates any provision of chapter   , the court shall promptly suspend the offender's license and privilege to operate a vehicle for the rest of the period of time an ignition interlock system was required to be connected.

     (2)  For a first offense committed by a highly intoxicated driver, or for any offense committed by a highly intoxicated driver 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)  Prompt suspension of a license and privilege to operate a vehicle for a period of six months with an absolute prohibition from operating a vehicle during the suspension period;

     (C)](B)  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 but not more than $1,000; [and]

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

         (D)  Connection of an ignition interlock system to the offender's vehicle for eighteen months pursuant to chapter     ; provided that if an offender violates any provision of chapter   , the court shall promptly suspend the offender's license and privilege to operate a vehicle for the rest of the period of time an ignition interlock system was required to be connected.

     (3)  For an offense that occurs within five years of a prior conviction for an offense under this section or section 291E‑4(a) by:

        [(A)  Prompt suspension of license and privilege to operate a vehicle for a period of one year with an absolute prohibition from operating a vehicle during the suspension period;

     (B)] (A)  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 fourteen days of imprisonment of which at least forty‑eight hours shall be served consecutively;

     [(C)] (B) A fine of not less than $500 but not more than $1,500; [and]

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

          (D)  Connection of an ignition interlock system to the offender's vehicle for two years pursuant to chapter     ; provided that if an offender violates any provision of chapter   , the court shall promptly suspend the offender's license and privilege to operate a vehicle for the rest of the period of time an ignition interlock system was required to be connected.

     (4)  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 but not more than] $2,500;

         (B)  Revocation of license and privilege to operate a vehicle for a period not less than one year but not more than five years;

         (C)  Not less than ten days but not more than thirty days imprisonment of which at least [forty‑eight] seventy-two hours shall be served consecutively;

         (D)  A surcharge of [$25] $500 to be deposited into the neurotrauma special fund; and

         (E)  Forfeiture under chapter 712A of the vehicle owned and operated by the person committing the offense; provided that the department of transportation shall provide storage for vehicles forfeited under this subsection; and

     (5)  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] $1,000 and an additional mandatory term of imprisonment of [forty‑eight] seventy-two 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), (3), or (4).

     (c)  Notwithstanding any other law to the contrary, any:

     (1)  Conviction under this section, section 291E-4(a), or section 291E-61.5;

     (2)  Conviction in any other state or federal jurisdiction for an offense that is comparable to operating or being in physical control of a vehicle while having either an unlawful alcohol concentration or an unlawful drug content in the blood or urine or while under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant; or

     (3)  Adjudication of a minor for a law violation that, if committed by an adult, would constitute a violation of this section or an offense under section 291E-4(a), or section 291E-61.5;

shall be considered a prior conviction for the purposes of imposing sentence under this section.  Any judgment on a verdict or a finding of guilty, a plea of guilty or nolo contendere, or an adjudication in the case of a minor, that at the time of the offense has not been expunged by pardon, reversed, or set aside shall be deemed a prior conviction under this section.  No license and privilege suspension or revocation shall be imposed pursuant to this section if the person's license and privilege to operate a vehicle has previously been administratively revoked pursuant to part III for the same act; provided that, if the administrative suspension or revocation is subsequently reversed, the person's license and privilege to operate a vehicle shall be suspended or revoked as provided in this section.

     (d)  Whenever a court sentences a person pursuant to subsection (b), it also shall require that the offender be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the offender's substance abuse or dependence and the need for appropriate treatment.  The counselor shall submit a report with recommendations to the court.  The court shall require the offender to obtain appropriate treatment if the counselor's assessment establishes the offender's substance abuse or dependence.  All costs for assessment and treatment shall be borne by the offender.

     (e)  Notwithstanding any other law to the contrary, whenever a court revokes a person's driver's license pursuant to this section, the examiner of drivers shall not grant to the person a new driver's license until the expiration of the period of revocation determined by the court.  After the period of revocation is completed, the person may apply for and the examiner of drivers may grant to the person a new driver's license.

     (f)  Any person sentenced under this section may be ordered to reimburse the county for the cost of any blood or urine tests conducted pursuant to section 291E-11.  The court shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood or urine test.

     (g)  The requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a sentence imposed under subsection (b)(1).

     (h)  As used in this section, the term "examiner of drivers" has the same meaning as provided in section 286-2."

     SECTION 4.  Section 291E-64, Hawaii Revised Statutes, is amended to read as follows:

     "§291E-64  Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one.  (a)  It shall be unlawful for any person under the age of twenty-one years to operate any vehicle with a measurable amount of alcohol.  A law enforcement officer may arrest a person under this section when the officer has probable cause to believe the arrested person is under the age of twenty-one and had been operating a vehicle upon a public way, street, road, or highway or on or in the waters of the State with a measurable amount of alcohol.

     (b)  A person who violates this section shall be sentenced as follows:

     (1)  For a first violation or any violation not preceded within a five-year period by a prior alcohol enforcement contact:

         (A)  The court shall impose:

              (i)  A requirement that the person and, if the person is under the age of eighteen, the person's parent or guardian attend an alcohol abuse education and counseling program for not more than ten hours; and

            [(ii)  A one hundred eighty-day prompt suspension of license and privilege to operate a vehicle with absolute prohibition from operating a vehicle during the suspension period, or in the case of a person eighteen years of age or older, the court may impose, in lieu of the one hundred eighty-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the one hundred eighty-day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in alcohol abuse education and treatment programs] Connection of an ignition interlock system to the offender's vehicle for one year pursuant to chapter     ; provided that if an offender violates any provision of chapter   , the court shall promptly suspend the offender's license and privilege to operate a vehicle for the rest of the period of time an ignition interlock system was required to be connected; and

         (B)  In addition, the court may impose any one or more of the following:

              (i)  Not more than thirty-six hours of community service work; or

             (ii)  A fine of not less than $150 but not more than $500;

     (2)  For a violation that occurs within five years of a prior alcohol enforcement contact:

         (A)  The court shall impose [prompt suspension of license and privilege to operate a vehicle for a period of one year with absolute prohibition from operating a vehicle during the suspension period] connection of an ignition interlock system to the offender's vehicle for two years pursuant to chapter     ; provided that if an offender violates any provision of chapter   , the court shall promptly suspend the offender's license and privilege to operate a vehicle for the rest of the period of time an ignition interlock system was required to be connected; and

         (B)  In addition, the court may impose any of the following:

              (i)  Not more than fifty hours of community service work; or

             (ii)  A fine of not less than $300 but not more than $1,000;

     (3)  For a violation that occurs within five years of two prior alcohol enforcement contacts:

         (A)  The court shall impose revocation of license and privilege to operate a vehicle for a period of two years; and

         (B)  In addition, the court may impose any of the following:

              (i)  Not more than one hundred hours of community service work; or

             (ii)  A fine of not less than $300 but not more than $1,000;

     (c)  Notwithstanding any other law to the contrary, any conviction or plea under this section shall be considered a prior alcohol enforcement contact.

     (d)  Whenever a court sentences a person pursuant to subsection (b)(2) or (3), it also shall require that the person be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the person's alcohol abuse or dependence and the need for appropriate treatment.  The counselor shall submit a report with recommendations to the court.  The court shall require the person to obtain appropriate treatment if the counselor's assessment establishes the person's alcohol abuse or dependence.  All costs for assessment and treatment shall be borne by the person or by the person's parent or guardian, if the person is under the age of eighteen.

     (e)  Notwithstanding section 831‑3.2 or any other law to the contrary, a person convicted of a first-time violation under subsection (b)(1), who had no prior alcohol enforcement contacts, may apply to the court for an expungement order upon attaining the age of twenty-one, or thereafter, if the person has fulfilled the terms of the sentence imposed by the court and has had no subsequent alcohol or drug related enforcement contacts.

     (f)  Notwithstanding any other law to the contrary, whenever a court revokes a person's driver's license pursuant to this section, the examiner of drivers shall not grant to the person an application for a new driver's license for a period to be determined by the court.

     (g)  Any person sentenced under this section may be ordered to reimburse the county for the cost of any blood tests conducted pursuant to section 291E-11.  The court shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood test.

     (h)  The requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a sentence imposed under subsection (b)(1).

     (i)  Any person who violates this section shall be guilty of a violation.

     (j)  As used in this section, the terms "driver's license" and "examiner of drivers" have the same meanings as provided in section 286-2."

     SECTION 5.  The working group created to study the feasibility of requiring vehicle ignition interlock devices for convicted drunk drivers pursuant to House Concurrent Resolution No. 28, House Draft 1, Regular Session of Hawaii 2007 shall be extended so as to be able to continue its work through the end of 2008.  The legislative reference bureau shall extend assistance to the working group for the purpose of drafting legislation.

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on January 1, 2009, except that section 5 of this Act shall take effect upon approval.

 

 

INTRODUCED BY:

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