THE SENATE

S.C.R. NO.

198

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

REQUESTING THE LEGISLATIVE REFERENCE BUREAU to CONDUCT A STUDY ON STATUTORY IMPLIED CONSENT FORMS.

 

WHEREAS, persons arrested for driving a vehicle under the influence of an intoxicant must be advised of the possible civil and criminal sanctions for the offense, as well as the sanctions for refusing a blood, breath, or urine test required under Hawaii's implied consent law; and

WHEREAS, law enforcement agencies which make arrests for driving under the influence of an intoxicant, use a document referred to as an implied consent form to advise the arrestee of the requirements of the implied consent law; and

WHEREAS, if the implied consent form fails to accurately inform the arrestee of the possible civil and criminal sanctions, the result of any blood, breath, or urine test must be suppressed under the Hawaii Supreme Court's ruling in State v. Wilson, 92 Hawaii 45 (1999); and

WHEREAS, litigants continue to challenge whether the current implied consent forms give accurate notice of the sanctions to the arrestee; and

WHEREAS, each of Hawaii's counties has developed their own forms, so that four different implied consent forms are currently in use; and

WHEREAS, at least one jurisdiction, Georgia, has set forth in their statutes, the exact implied consent language that must be read to the arrestee; and

WHEREAS, adoption of a statutory implied consent form would standardize the form throughout the State; and

WHEREAS, adoption of a statutory implied consent form could reduce challenges to the legal sufficiency of the implied consent form; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Legislative Reference Bureau is requested to conduct a study to include:

(1) The number and identity of states, and the identity of other selected jurisdictions that provide the exact implied consent language that must be read to the arrestee; and

(2) Whether adoption of the statutory implied consent form has caused any legal or practical problems in the jurisdiction; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief of Police and Prosecuting Attorney of the counties of Kauai, Hawaii, and Maui and the City and County of Honolulu and the Director of the Legislative Reference Bureau.

 

 

 

OFFERED BY:

_____________________________

Report Title:

LRB Conduct Study on Statutory Implied Consent Forms