HOUSE OF REPRESENTATIVES

H.B. NO.

137

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to operating a vehicle under the influence of intoxicants.

 

 

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 regarding chapter 291E, Hawaii Revised Statutes, use of intoxicants while operating a vehicle.  In order to convict an offender of operating a vehicle under the influence of intoxicants (OVUII), 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. 

Unfortunately, if the drug used while operating a vehicle is not listed as a schedule I through IV drug, then proving this second prong becomes very problematic for the State because many drugs like kawa, seroquel, and some muscle relaxants can cause serious impairment and are not listed as a schedule drug.

     The legislature further finds that the process of placing a drug or substance on the schedule is one that is not quick to react to emerging drugs.  Synthetic drugs can be manufactured very rapidly and can avoid law enforcement by changing the chemical composition of an existing drug to create synthetic drugs like "spice" and "bath salts," thereby taking advantage of the scheduling process.  In order to quickly adapt and prosecute offenders using new emerging drugs, law enforcement should not be forced to rely too heavily on the schedules for certain violations.

     The purpose of this Act is to amend the definition of "drug" for purposes of OVUII violations.  

     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.] when taken into the human body, which can impair the ability of the 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  Statutory material to be repealed is bracketed and stricken.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:

_____________________________

 

 


 


 

Report Title:

Traffic Violation; Operating a Vehicle Under the Influence of Intoxicants

 

Description:

Amends the definition of "drug" for OVUII violations.

 

 

 

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