REPORT TITLE: 
Blood test; inhalants


DESCRIPTION:
Authorizes use of a blood test when a police officer has reason
to believe an inhalant is ingested.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2127 
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO HIGHWAY SAFETY.



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

 1      SECTION 1.  Section 286-151, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By amending subsection (c) to read:
 
 4      "(c)  If there is probable cause to believe that a person is
 
 5 in violation of section 291-7, then the person shall have the
 
 6 option to take a blood or urine test, or both, except that a
 
 7 blood test shall be taken if there is cause to believe that a
 
 8 person is under the influence of an inhalant, for the purpose of
 
 9 determining the drug content.  Drug content shall be measured by
 
10 the presence of any scheduled drug as provided in section 291-7
 
11 or its metabolic products or both.  The person shall be informed
 
12 of the sanctions of section 286-157.3 for failure to take either
 
13 test."
 
14      2.  By amending subsection (e) to read:
 
15      "(e)  A person who chooses to submit to a breath test under
 
16 subsection (c) also may be requested to submit to a blood or
 
17 urine test, if the officer has probable cause to believe that the
 
18 person was driving under the influence of any drug under section
 
19 291-7 or the combined influence of alcohol and drugs and the
 

 
Page 2                                                     2127 
                                     H.B. NO.           
                                                        
                                                        

 
 1 officer has probable cause to believe that a blood or urine test
 
 2 will reveal evidence of the person being under the influence of
 
 3 drugs.  The officer shall state in the officers report the facts
 
 4 upon which that belief is based.  The person shall have the
 
 5 option to take a blood or urine test, or both, for the purpose of
 
 6 determining the persons drug content.  In the case where the
 
 7 officer has reason to believe that an inhalant has been ingested
 
 8 by that person, then a blood test shall be administered.  Results
 
 9 of a blood or urine test conducted to determine drug content also
 
10 shall be admissible for the purpose of determining the persons
 
11 alcohol content.  Submission to testing for drugs under
 
12 subsection (d) or this subsection shall not be a substitute for
 
13 alcohol tests requested under subsection (c)."
 
14      SECTION 2.  This Act does not affect rights and duties that
 
15 matured, penalties that were incurred, and proceedings that were
 
16 begun, before its effective date.
 
17      SECTION 3.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 4.  This Act shall take effect upon its approval.
 
20 
 
21                       INTRODUCED BY:  ___________________________