Report Title:

Commercial Driver's License

 

Description:

Revises standard for a court-issued license to drive for work-related purposes.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1161

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COMMERCIAL DRIVERS.

 

 

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 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] a category (1), (2), or (3) license under section 286-102(b) license that allows the person to drive for limited work-related purposes and to participate in substance abuse treatment programs;

         (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 but not more than $1,000;

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

         (E)  May be charged a surcharge of up to $25 to be deposited into the trauma system special fund if the court so orders;

     (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)  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;

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

         (E)  May be charged a surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders;

     (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)  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)  A fine of not less than $500 but not more than $1,500;

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

         (E)  May be charged a surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders;

     (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 hours shall be served consecutively;

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

         (E)  May be charged a surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders; and

         (F)  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 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), (3), or (4)."

     SECTION 2.  Section 291E-61, Hawaii Revised Statutes, as effective on July 1, 2010, 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 as follows:

     (1)  Except as provided in paragraphs (2) and (5), 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), and notwithstanding section 706-623, by probation for not less than one year nor more than two years on the following conditions:

         (A)  A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

          (B)  (i)  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] a category (1), (2), or (3) license under section 286-102(b) license that allows the person to drive for limited work-related purposes and to participate in substance abuse treatment programs; or

             (ii)  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 but not more than $1,000;

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

         (E)  May be charged a surcharge of up to $25 to be deposited into the trauma system special fund if the court so orders;

     (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), and notwithstanding section 706-623, by probation for not less than two years nor more than four years on the following conditions:

         (A)  A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

         (B)  A two-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 but not more than $1,000;

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

         (E)  May be charged a surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders;

     (3)  For an offense that occurs within five years of a prior conviction for an offense under this section or section 291E-4(a), and notwithstanding section 706-623, by probation for not less than two years nor more than four years on the following conditions:

         (A)  A two-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;

         (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 fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively;

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

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

         (E)  May be charged a surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders;

     (4)  For an offense that occurs within five years of two prior convictions for offenses under this section or section 291E-4(a), and notwithstanding section 706-623, by probation for not less than three years nor more than five years on the following conditions:

         (A)  A fine of not less than $500 but not more than $2,500;

         (B)  Three-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)  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)  May be charged a surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders; and

     (5)  In addition to a sentence imposed under paragraphs (1) through (4), 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 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), (3), or (4).  Notwithstanding paragraph (1), the probation period for a person sentenced under this paragraph shall be not less than two years."

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:

_____________________________

 

 

BY REQUEST