HOUSE OF REPRESENTATIVES

H.B. NO.

701

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO OPERATING A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT.

 

 

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

 


     SECTION 1.  The legislature finds that there is a need to amend the definition of "drug" for offenses under chapter 291E, Hawaii Revised Statutes, involving the use of intoxicants while operating a vehicle.  For example, in order to convict an offender of operating a vehicle under the influence of an intoxicant when the intoxicant is a drug under section 291E-61(a)(2), Hawaii Revised Statutes, the prosecution must prove beyond a reasonable doubt that:

     (1)  The person was operating a vehicle; and

     (2)  The person was under the influence of any drug that impaired the person’s ability to operate the vehicle in a careful and prudent manner.

However, because the term "drug" is defined for purposes of chapter 291E, Hawaii Revised Statutes, as any controlled substance listed in schedules I through IV of chapter 329, Hawaii Revised Statutes, it can be difficult for the prosecution to prove the second prong of the foregoing offense because many drugs like kawa, seroquel, and certain muscle relaxants can cause serious impairment of drivers but are not scheduled as controlled substances.

     The legislature further finds that the process of placing a drug or substance on the schedule of controlled substances does not respond quickly enough to emerging drugs.  Synthetic drugs can be manufactured very rapidly and can avoid law enforcement when they are created by changing the chemical composition of an existing drug; in this manner, synthetic drugs like "spice" and "bath salts" evade the scheduling process.  In order to quickly adapt and prosecute offenders using new emerging drugs, law enforcement should not be forced to rely solely on the controlled substance schedules for certain offenses.

     The purpose of this Act is to amend the definition of "drug" for offenses under chapter 291E, Hawaii Revised Statutes, involving the use of intoxicants while operating a vehicle.

     SECTION 2.  Section 291E-1, Hawaii Revised Statutes, is amended by amending the definition of "drug" to read as follows:

     ""Drug" means any [controlled substance, as defined and enumerated in schedules I through IV of chapter 329, or its metabolites.] substance that, when taken into the human body, can impair the ability of a person to operate a vehicle safely."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Penal Code; Operating a Vehicle Under the Influence of an Intoxicant; Definition of "Drug"

 

Description:

Amends the definition of "drug" for Operating a Vehicle Under the Influence of an Intoxicant (OVUII) offenses under Chapter 291E, Hawaii Revised Statutes.

 

 

 

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