STAND. COM. REP. NO. 881

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 393

       H.D. 2

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Transportation and International Affairs, to which was referred H.B. No. 393, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO CRIME,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to require any court of competent jurisdiction to immediately revoke the license of any driver for a period of up to five years upon a conviction of the driver of negligent homicide in the first degree or negligent homicide in the second degree.  This measure also clarifies that a court may sentence a person convicted of the class A felony of manslaughter for up to two years of imprisonment.

 

     Your Committee received testimony in support of this measure from the Department of the Attorney General, County of Maui Department of the Prosecuting Attorney, and Mothers Against Drunk Driving HAWAII.  Your Committee received testimony in opposition to this measure from one individual.

 

     Section 286-124, Hawaii Revised Statutes, currently

requires the court to revoke the license of any driver convicted

of a manslaughter offense resulting from the operation of a

motor vehicle, but it does not specify any time period for the

mandatory revocation.  While this measure sets the maximum possible terms for the mandatory license revocation, the court retains discretion to determine the specific period of revocation that should be imposed to protect the public from these dangerous drivers.

 

     Your Committee has amended this measure by:

 

     (1)  Making the measure effective upon approval; and

 

(2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Transportation and International Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 393, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 393, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Transportation and International Affairs,

 

 

 

____________________________

J. KALANI ENGLISH, Chair