THE SENATE

S.B. NO.

494

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to continuous alcohol monitoring FOR REPEAT OFFENDERS.

 

 

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

 


     SECTION 1.  Chapter 291E, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§291E-     Continuous alcohol monitoring device; requirement; penalties.  (a)  Any person arrested for a violation of section 291E-61 or 291E-61.5:

(1)  Within five years of a prior conviction for an offense under section 291E-61 or 291E-61.5; or

(2)  While pending criminal investigation or prosecution for one or more prior charges of violating section 291E-61 or 291E-61.5,

shall be fitted with a continuous alcohol monitoring device by a police officer of the county in which the offense occurred, a representative designated by the chief of police, a deputy sheriff, or other representative designated by the sheriff before the person is released on bail, recognizance, or supervised release.  The police officer, representative, or deputy sheriff shall order the arrested person fitted with the device to refrain from consuming any alcohol and to submit to monitoring by continuous alcohol monitoring device for a period of ninety days.  The police officer, representative, or deputy sheriff shall further order the arrested person to refrain from removing, obstructing, or tampering with the device.

     (b)  All costs associated with the monitoring device, including administrative and operating costs, shall be paid by the arrested person.  If at any time a court finds that the arrested person lacks the financial ability to pay all or part of the costs for a continuous alcohol monitoring device, the court may authorize the State to finance the arrested person’s use of a continuous alcohol monitoring device. A determination that an arrested person lacks the financial ability to pay all or part of the costs for a monitoring device shall be based upon an appropriate inquiry into the financial circumstances of the arrested person and an affidavit or a certificate, signed by the arrested person, demonstrating the person's financial inability to pay the costs for a continuous alcohol monitoring device.

     (c)  At the arrested person’s initial court appearance, the court shall order the person to refrain from consuming any alcohol and to submit to monitoring by continuous alcohol monitoring device for no less than ninety days as conditions of release on bail.  As further conditions of release on bail, the court shall order the person to refrain from removing, obstructing, or tampering with the device during the applicable period.  Notwithstanding any law to the contrary, the court shall not modify or suspend these conditions, except that the court may extend the applicable period beyond ninety days, as reasonably necessary to ensure the safety of the community.  If the person was not previously fitted with a continuous alcohol monitoring device, the court shall order the person to be fitted with a continuous alcohol monitoring device within five business days.

     (d)  For purposes of this section, and notwithstanding any law to the contrary, if the arrested person violates any of the conditions of release on bail as specified in subsection (c), the court, at the earliest practicable time, shall declare the bail forfeited and reset bail in the same amount or higher.  The court shall not vacate this judgment or reinstate the forfeited bail.

     (e)  Nothing in this section shall prevent a court from ordering a defendant to submit to monitoring by a continuous alcohol monitoring device, as a condition of release on bail, recognizance, supervised release or sentencing, for violation of section 291E-61, 291E-61.5, or any other section, if otherwise permitted by law."

     SECTION 2.  Section 291E-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Continuous alcohol monitoring device" means any device or instrument that:

     (1)  Is attached to the person;

     (2)  Designed to automatically test the alcohol content in a person by contact with the person's skin at least once per one-half hour regardless of the person's location;

     (3)  Detects the presence of alcohol; and

     (4)  Detects attempts to tamper with, obstruct, or remove the device."

     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.  New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

By Request


 


 

Report Title:

Honolulu Prosecuting Attorney Package; Continuous Alcohol Monitoring; Driving Under the Influence

 

Description:

Requires persons arrested for operating a vehicle under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant to be fitted with a continuous alcohol monitoring device if the person:  (1) has a prior conviction for operating a vehicle under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant within the past five years; or (2) is currently pending criminal investigation or prosecution for one or more prior charges of operating a vehicle under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant.

 

 

 

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