THE SENATE

S.R. NO.

82

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 
   


SENATE RESOLUTION

 

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

 

WHEREAS, section 291E-11, Hawaii Revised Statutes, provides for implied consent of the operator of a vehicle to submit to drug and alcohol testing, and section 291E-15, Hawaii Revised Statutes, provides that persons arrested for driving a vehicle under the influence of an intoxicant are subject to civil and criminal sanctions for the offense, as well as the sanctions for refusing a blood, breath, or urine test required under Hawaii implied consent law; and

WHEREAS, if the implied consent fails to accurately inform the arrestee of the possible civil and criminal sanctions, the result of any blood, breath, or urine test is suppressed according to State v. Wilson, 92 Hawaii 45 (1999); and

WHEREAS, legal challenges continue to be filed as to whether the current implied consent forms give accurate notice of the sanctions to these arrestees; and

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

WHEREAS, at least one jurisdiction, Georgia, has set forth in its 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 legal challenges to the sufficiency of the implied consent notice; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, that the Legislative Reference Bureau is requested to conduct a study on implied consent, as follows:

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

(2) Whether a statutory implied consent form has resulted in any legal or practical problems in the jurisdiction; and

BE IT FURTHER RESOLVED that the Prosecuting Attorney for each county and the Chief of Police for each county are requested to assist and collaborate with the Legislative Reference Bureau for purposes of the study; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit a report of findings and recommendations, including proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Prosecuting Attorney and the Chief of Police for each county, and the Acting Director of the Legislative Reference Bureau.

 

 

 

OFFERED BY:

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Report Title:

Implied Consent Study; LRB