RELATING TO YOUTH FEES AND FINES.

SB1028

THE SENATE

S.B. NO.

1028

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO YOUTH FEES AND FINES
.

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

PART I

����
SECTION
1.
�
The legislature finds that charging
fees, fines, and court costs to youth is harmful to young people and their
families.
�
In Hawaii, the consequences of
these costs fall disproportionately on Native Hawaiian, Pacific Islander, and
Black youth, who are more likely to be arrested, detained, and unable to afford
fees and fines.
�
The legislature also
finds that, although existing law authorizes courts to charge youth and their
families a range of fees and fines, judges across the State rarely impose these
costs in practice.

����
The
legislature recognizes that assessing fines in juvenile justice proceedings is
not an evidence-based practice for rehabilitating, deterring, or even punishing
delinquent youth.
�
Parents may be forced
to choose between paying court costs or meeting basic needs.
�
The economic burdens placed on juveniles and
their families can undermine public safety by leading to recidivism and
escalating crime.
�
Additionally,
jurisdictions on the mainland that charge fines and fees to minors often spend
more money trying to collect those outstanding debts than they receive in
revenue.

����
The
legislature notes that many states are seeking to reform or repeal fines and
fees against juveniles and their families.
�

In 2021 and 2022, twenty-seven states introduced legislation to end the
practice of assessing fines and fees in juvenile justice proceedings.
�
California, Nevada, Oregon, and numerous
counties in other states have prohibited the imposition of fees and fines in
juvenile justice cases.
�
The legislature
believes that Hawaii should make similar efforts and that fees and fines should
not be assessed for mistakes made in a person's youth, regardless of the age at
which or jurisdiction in which the person is adjudicated or sentenced.

����
The legislature further finds that data
from January 2019 through September 2024, shows that only thirty-two per cent
of restitution ordered by the courts against minors was paid during that
six-year period.
�
Excluding payments for
restitution, only seventeen per cent of fines ordered by the courts against
minors was paid during that same timeframe.
�

The data reflects that minors and their parents, the large majority of
which are Native Hawaiian, are struggling to cover the exorbitant debt assessed
to them by the courts.

����
Accordingly,
the purpose of this Act is to allow a court to order community service in place
of the assessment of any fines and fees against a person who is adjudicated for
a traffic offense committed while the person was a minor under the age of
eighteen years, or against the person's parent or guardian.

PART II

����
SECTION
2
.
�
Section 286-136, Hawaii Revised Statutes, is
amended as follows:

����
1.
�

By amending subsection (a) to read:

����
"(a)
�

Any person who violates section 286-102, 286-122, 286-130, 286-131,
286-132, 286-133, or 286-134 shall be penalized as follows:

����
(1)
�
For a first offense, or any offense not
preceded within a five-year period for the same offense, the person shall pay a
fine of [
no
]
not
more than $1,000 or serve a term of imprisonment
of [
no
]
not
more than thirty days, or both;

����
(2)
�
For an offense that occurs within five
years of a prior conviction for the same offense, the person shall pay a
minimum fine of $500 and a maximum fine of $1,000, or serve a term of
imprisonment of [
no
]
not
more than one year, or both; or

����
(3)
�
For an offense that occurs within five
years of two or more prior convictions for the same offense, the person shall
be guilty of a class C felony; provided that the court, as part of the person's
sentencing, may order that the vehicle used by the person in the commission of
the offense be subject to forfeiture under chapter 712A."

����
2.
�
By amending subsection (c) to read:

����
"
(c)
�
Notwithstanding subsections (a) and (b), a
minor under the age of eighteen
years
under the jurisdiction of the
family court who is subject to this section [
shall either
]
:

����
(1)
�
May

lose the right to drive a motor vehicle until the age of eighteen [
or be
subject to a fine of $500.
]
years; and

����
(2)
�
In
place of any financial penalty provided for in this section against a person
who is adjudicated of an offense committed while the person was a minor under
the age of eighteen years, or against the person's parent or guardian for the
person's offense, the court may order the minor to participate in community
service of not more than seventy-two hours; provided that the community service
shall not interfere with the minor's school or work commitments.
"

����
SECTION

3
.
�
Section 286G-3,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�286G-3
�

Driver education assessments.
�

(a)
�
[
A
]
Except as
provided in subsection (e), a
driver education assessment of $7 shall be
levied on a finding that a violation of a statute or county ordinance relating
to vehicles or their drivers or owners occurred, except for[
:
]
offenses:

����
(1)
�
[
Offenses relating
]
Relating

to stopping (when prohibited), standing, or parking;

����
(2)
�
[
Offenses relating
]
Relating

to registration; and

����
(3)
�
[
Offenses by
]
By

pedestrians.

����
(b)
�
[
Driver
] Except as provided in
subsection (e), driver education assessments of:

����
(1)
�
$100 shall be levied on persons
convicted under section 291E-61 or 291E-61.5 to defray costs of services
provided by the driver education and training program;

����
(2)
�
$50 shall be levied on persons required
to attend a child passenger restraint system safety class under section
291-11.5; and

����
(3)
�
$75 shall be levied on persons
convicted under section 291C-105 to defray costs of services provided by
the driver education and training program.

����
(c)
�
The driver education assessments levied by
subsections (a) and (b) shall be paid for each violation in addition to any
fine imposed by the court, and regardless of whether a fine is suspended;
provided that the driver education assessment of $100 levied on a person
convicted under section 291E-61 or 291E-61.5 may be waived by the court if the
court determines that the person is unable to pay the driver education
assessment.

����
(d)
�
The amount of each driver education
assessment levied by subsections (a) and (b) shall be transmitted by the clerk
of the court for deposit in the driver education and training fund.

����
(e)
�
In place of any financial penalty provided
for in this section against a person who is adjudicated for an offense
committed while the person was a minor under the age of eighteen years, or
against the person's parent or guardian for the person's offense,
the court may order the person to participate in community
service of not more than seventy-two hours; provided that the community service
shall not interfere with the person's school or work commitments.
"

����
SECTION

4
.
�
Section
291C-12, Hawaii Revised Statutes, is amended to read as follows:

����
"
�291C-12
�

Collisions involving
[
death

or
] serious bodily injury
[
.
]

or death.
�
(a)
�
The driver of any vehicle involved in a
collision resulting in serious bodily injury to or death of any person shall
immediately stop the vehicle at the scene of the collision or as close thereto
as possible but shall then forthwith return to and in every event shall remain
at the scene of the collision until the driver has fulfilled the requirements
of section 291C‑14.
�
Every stop
shall be made without obstructing traffic more than is necessary.

����
(b)
�
Any person who violates subsection (a) shall
be guilty of a class B felony.

����
(c)
�
The license or permit to drive and any
nonresident operating privilege of the person so convicted shall be revoked.

����
(d)
�
[
For
]
Except as provided in
subsection (f), for
any violation under this section, a surcharge of $500
shall be imposed, in addition to any other penalties, and shall be deposited
into the neurotrauma special fund.

����
(e)
�
[
For
]
Except as provided in
subsection (f), for
any violation under this section, a surcharge of up to
$500 may be imposed, in addition to other penalties, [
which
]
and if
imposed,
shall be deposited into the trauma system special fund.

����
(f)
�
In place of any financial penalty provided
for in this section against a person who is adjudicated for an offense
committed while the person was a minor under the age of eighteen years, or
against the person's parent or guardian for the person's offense,
the court may order the person to participate in
community service of not more than seventy-two hours; provided that the
community service shall not interfere with the person's school or work
commitments.
"

����
SECTION

5.
�
Section
291C-12.5, Hawaii Revised Statutes, is amended to read as follows:

����
"
�291C-12.5
�

Collisions involving substantial bodily injury.
�
(a)
�

The driver of any vehicle involved in a collision resulting in
substantial bodily injury to any person shall immediately stop the vehicle at
the scene of the collision or as close thereto as possible but shall then
forthwith return to and in every event shall remain at the scene of the
collision until the driver has fulfilled the requirements of section
291C-14.
�
Every stop shall be made
without obstructing traffic more than is necessary.

����
(b)
�
Any person who violates subsection (a) shall
be guilty of a class C felony.

����
(c)
�
[
For
]
Except as provided in
subsection (e), for
any violation under this section, a surcharge of $250
shall be imposed, in addition to any other penalties, and shall be deposited
into the neurotrauma special fund.

����
(d)
�
[
For
]
Except as provided in
subsection (e), for
any violation under this section, a surcharge of up to
$250 may be imposed, in addition to other penalties, [
which
]
and if
imposed,
shall be deposited into the trauma system special fund.

����
(e)
�
In place of any financial penalty provided
for in this section against a person who is adjudicated for an offense
committed while the person was a minor under the age of eighteen years, or
against the person's parent or guardian for the person's offense,
the court may order the person to participate in
community service of not more than seventy-two hours; provided that the
community service shall not interfere with the person's school or work
commitments.
"

����
SECTION
6.
�
Section 291C-12.6, Hawaii Revised
Statutes, is amended to read as follows:

����
"
�291C-12.6
�
Collisions involving bodily injury.
�
(a)
�

The driver of any vehicle involved in a collision resulting in bodily
injury to any person shall immediately stop the vehicle at the scene of the
collision or as close thereto as possible but shall then forthwith return to
and in every event shall remain at the scene of the collision until the driver
has fulfilled the requirements of section 291C-14.
�
Every stop shall be made without obstructing
traffic more than is necessary.

����
(b)
�
Any person who violates subsection (a) shall
be guilty of a misdemeanor.

����
(c)
�
[
For
]
Except as provided in
subsection (e), for
any violation under this section, a surcharge of $100
shall be imposed, in addition to any other penalties, and shall be deposited
into the neurotrauma special fund.

����
(d)
�
[
For
]
Except as provided in
subsection (e), for
any violation under this section, a surcharge of up to
$100 may be imposed, in addition to other penalties, [
which
]
and if
imposed,
shall be deposited into the trauma system special fund.

����
(e)
�
In place of any financial penalty provided
for in this section against a person who is adjudicated for an offense
committed while the person was a minor under the age of eighteen years, or
against the person's parent or guardian for the person's offense,
the court may order the person to participate in
community service of not more than seventy-two hours; provided that the
community service shall not interfere with the person's school or work
commitments.
"

����
SECTION

7
.
�
Section
291C-14, Hawaii Revised Statutes, is amended by amending subsection (c) to read
as follows:

����
"
(c)
�
For any violation under this section, a
surcharge of up to $100 may be imposed, in addition to other penalties, [
which
]

and if imposed,
�
shall be
deposited into the trauma system special fund[
.
]
; provided that in
place of any
financial penalty provided for in this section
against a person who is adjudicated for an offense committed while the person
was a minor under the age of eighteen years, or against the person's parent or
guardian for the person's offense, the
court may
order the person to participate in community service of not more than
seventy-two hours; provided that the community service shall not interfere with
the person's school or work commitments
.
"

����
SECTION
8
.
�
Section 291C-15, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�291C-15
�

Duty upon striking unattended vehicle or other property.
�
(a)
�

The driver of any vehicle [
which
]
that
collides with or is
involved in a collision with any vehicle or other property that is unattended
resulting in any damage to the other vehicle or property shall immediately stop
and shall then and there either locate and notify the operator or owner of the
vehicle or other property of the driver's name, address, and the registration
number of the vehicle the driver is driving or shall attach securely in a
conspicuous place in or on the vehicle or other property a written notice
giving the driver's name, address, and the registration number of the vehicle
the driver is driving and shall without unnecessary delay notify the nearest
police officer.
�
Every stop shall be made
without obstructing traffic more than is necessary.

����
(b)
�
For any violation under this section, a
surcharge of up to $100 may be imposed, in addition to other penalties, which
shall be deposited into the trauma system special fund[
.
]
; provided
that in place of any financial penalty provided for in this section shall be
levied against a person who is adjudicated for an offense committed while the
person was a minor under the age of eighteen years, or against the person's
parent or guardian for the person's offense,
the
court may order the person to participate in community service of not more than
seventy-two hours; provided that the community service shall not interfere with
the person's school or work commitments
.
"

����
SECTION

9
.
�
Section 291E-7,
Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read
as follows:

����
"
(a)
�
[
In
]
Except as provided in
subsection (d), in
addition to any other civil penalties ordered by the
court, a person who violates any offense under this part may be ordered to pay
a trauma system surcharge, [
provided that:
]
the maximum of which may
be:

����
(1)
�
[
The maximum of which may be
]
$10 if the violator is not already required to pay a trauma system surcharge
pursuant to the violation of the offense;

����
(2)
�
[
The maximum of which may be
]
$25 if the violation is an offense under section 291E-61(a)(1), [
291E‑61(a)
](3),
or [
291E-61(a)
](4);

����
(3)
�
[
The maximum of which may be
]
$50 if the violation is an offense under section 291E-61(a)(2) or 291E-61.5 or
if the offense under section 291E-61(a)(3) or [
291E‑61(a)
](4) is a
second or subsequent offense that occurred within five years of the first
offense.

����
(b)
�
The surcharge shall not be ordered [
when
]
:

����
(1)
�
When
the court determines that
the defendant is unable to pay the surcharge[
.
]
; or

����
(2)
�
The court orders community service
in place of the surcharge against a person who is adjudicated for an offense
committed while the person was a minor under the age of eighteen years, or
against the person's parent or guardian for the person's offense.
"

����
SECTION

10
.
�
Section
291E-61, Hawaii Revised Statutes, is amended to read as follows:

����
"
�
291E-61
�

Operating a vehicle under the influence of an intoxicant.
�
(a)
�
A person commits the offense of operating a
vehicle under the influence of an intoxicant if the person operates or assumes
actual physical control of a vehicle:

����
(1)
�
While under the influence of alcohol in
an amount sufficient to impair the person's normal mental faculties or ability
to care for the person and guard against casualty;

����
(2)
�
While under the influence of any drug
that impairs the person's ability to operate the vehicle in a careful and
prudent manner;

����
(3)
�
With .08 or more grams of alcohol per
two hundred ten liters of breath; or

����
(4)
�
With .08 or more grams of alcohol per
one hundred milliliters or cubic centimeters of blood.

����
(b)
�
[
A
]
Except as provided in
subsection (l), a
person committing the offense of operating a vehicle
under the influence of an intoxicant shall be sentenced without possibility of
probation or suspension of sentence as follows:

����
(1)
�
Except as provided in paragraph (4),
for the first offense, or any offense not preceded within a ten-year period by
a conviction for an offense under this section or section 291E-4(a):

���������
(A)
�
A fourteen-hour minimum substance abuse
rehabilitation program, including education and counseling, or other comparable
programs deemed appropriate by the court;

���������
(B)
�
Revocation of license to operate a
vehicle for [
no
]
not
less than one year and [
no
]
not

more than eighteen months;

���������
(C)
�
Installation during the revocation
period of an ignition interlock device on all vehicles operated by the person;

���������
(D)
�
Any one or more of the following:

�������������
(i)
�
Seventy-two hours of community service
work;

������������
(ii)
�
[
No
]
Not
less than
forty-eight hours and [
no
]
not
more than five days of
imprisonment; or

�����������
(iii)
�
A fine of [
no
]
not
less
than $250 and [
no
]
not
more than $1,000;

���������
(E)
�
A surcharge of $25 to be deposited into
the neurotrauma special fund; and

���������
(F)
�
A surcharge, if the court so orders, of
up to $25 to be deposited into the trauma system special fund;

����
(2)
�
For an offense that occurs within ten
years of a prior conviction for an offense under this section:

���������
(A)
�
A substance abuse program of at least
thirty-six hours, including education and counseling, or other comparable
programs deemed appropriate by the court;

���������
(B)
�
Revocation of license to operate a
vehicle for [
no
]
not
less than two years and [
no
]
not

more than three years;

���������
(C)
�
Installation during the revocation
period of an ignition interlock device on all vehicles operated by the person;

���������
(D)
�
Either one of the following:

�������������
(i)
�
[
No
]
Not
less than two
hundred forty hours of community service work; or

������������
(ii)
�
[
No
]
Not
less than five
days and [
no
]
not
more than thirty days of imprisonment, of which
at least forty-eight hours shall be served consecutively;

���������
(E)
�
A fine of [
no
]
not
less
than $1,000 and [
no
]
not
more than $3,000, to be deposited into
the drug and alcohol toxicology testing laboratory special fund;

���������
(F)
�
A surcharge of $25 to be deposited into
the neurotrauma special fund; and

���������
(G)
�
A surcharge of up to $50, if the court
so orders, to be deposited into the trauma system special fund;

����
(3)
�
In addition to a sentence imposed under
paragraphs (1) and (2), any person eighteen years of age or older who is
convicted under this section and who operated a vehicle with a passenger, in or
on the vehicle, who was younger than fifteen years of age, shall be sentenced
to an additional mandatory fine of $500 and an additional mandatory term of
imprisonment of forty‑eight hours; provided that the total term of
imprisonment for a person convicted under this paragraph shall not exceed the
maximum term of imprisonment provided in paragraph (1) or (2), as
applicable.
�
Notwithstanding paragraphs
(1) and (2), the revocation period for a person sentenced under this paragraph
shall be [
no
]
not
less than two years;

����
(4)
�
In addition to a sentence imposed under
paragraph (1), for a first offense under this section, or an offense not
preceded within a ten-year period by a conviction for an offense, any person
who is convicted under this section and was a highly intoxicated driver at the
time of the subject incident shall be sentenced to an additional mandatory term
of imprisonment for forty‑eight consecutive hours and an additional
mandatory revocation period of six months; provided that the total term of
imprisonment for a person convicted under this paragraph shall not exceed the
maximum term of imprisonment provided in paragraph (1).
�
Notwithstanding paragraph (1), the revocation
period for a person sentenced under this paragraph shall be [
no
]
not

less than eighteen months;

����
(5)
�
In addition to a sentence under
paragraph (2), for an offense that occurs within ten years of a prior
conviction for an offense under this section, any person who is convicted under
this section and was a highly intoxicated driver at the time of the subject
incident shall be sentenced to an additional mandatory term of imprisonment of
ten consecutive days and an additional mandatory revocation period of one year;
provided that the total term of imprisonment for a person convicted under this
paragraph shall not exceed the maximum term of imprisonment provided in
paragraph (2), as applicable.
�

Notwithstanding paragraph (2), the revocation period for a person
sentenced under this paragraph shall be [
no
]
not
less than three
years;

����
(6)
�
A person sentenced pursuant to
paragraph (1)(B) may file a motion for early termination of the applicable
revocation period if the person:

���������
(A)
�
Was not sentenced to any additional
mandatory revocation period pursuant to paragraph (3) or (4);

���������
(B)
�
Actually installed and maintained an
ignition interlock device on all vehicles operated by the person for a
continuous period of six months, after which the person maintained the ignition
interlock device on all vehicles operated by the person for a continuous period
of three months without violation;

���������
(C)
�
Includes with
the person's motion for early termination a certified court abstract
establishing that the person was not sentenced to any additional mandatory
revocation period
pursuant to paragraph (3) or (4);

���������
(D)
�
Includes with the person's motion for
early termination
a certified statement from the
director of transportation establishing that:

�������������
(i)
�
The
person installed and maintained an ignition interlock device on all vehicles
operated by the person for a continuous period of six months; and

������������
(ii)
�
After
the six-month period, the person maintained the ignition interlock device on
all vehicles operated by the person for a continuous period of three months
without violation
; and

���������
(E)
�
Has complied with all other sentencing
requirements.

����
Nothing in this paragraph shall
require a court to grant early termination of the revocation period if the
court finds that continued use of the ignition interlock device will further
the person's rehabilitation or compliance with this section;

����
(7)
�
If the person demonstrates to the court
that the person:

���������
(A)
�
Does not own or have the use of a
vehicle in which the person can install an ignition interlock device during the
revocation period; or

���������
(B)
�
Is otherwise unable to drive during the
revocation period,

���������
the person shall be prohibited from
driving during the period of applicable revocation provided in paragraphs (1)
to (5); provided that the person shall be sentenced to the maximum license
revocation period, the court shall not issue an ignition interlock permit
pursuant to subsection (i), and the person shall be subject to the penalties
provided by section 291E-62 if the person drives during the applicable
revocation period; and

����
(8)
�
For purposes of this subsection, "violation"
means:

���������
(A)
�
Providing a sample of .04 or more grams
of alcohol per two hundred ten liters of breath when starting the vehicle,
unless a subsequent test performed within ten minutes registers a breath
alcohol concentration lower than .02 and the digital image confirmed the same
person provided both samples;

���������
(B)
�
Providing a sample of .04 or more grams
of alcohol per two hundred ten liters of breath on a rolling retest, unless a
subsequent test performed within ten minutes registers a breath alcohol
concentration lower than .02 and the digital image confirms the same person
provided both samples;

���������
(C)
�
Failing to provide a rolling retest,
unless an acceptable test is performed within ten minutes;

���������
(D)
�
Violating section 291E-66; or

���������
(E)
�
Failing to provide a clear photo of the
person when the person blows into the ignition interlock device.

����
(c)
�
Except as provided in sections 286-118.5 and
291E‑61.6, the court shall not issue an ignition interlock permit to[
:
]

a defendant:

����
(1)
�
[
A defendant whose
]
Whose

license is expired, suspended, or revoked as a result of action other than the
instant offense;

����
(2)
�
[
A defendant who
]
Who

does not hold a valid license at the time of the instant offense;

����
(3)
�
[
A defendant who
]
Who

holds either a category 4 license under section 286-102(b) or a commercial
driver's license under section 286-239(a), unless the ignition interlock permit
is restricted to a category 1, 2, or 3 license under section 286-102(b); or

����
(4)
�
[
A defendant who
]
Who

holds a license that is a learner's permit or instruction permit.

����
(d)
�
Except as provided in subsection (c), the
court may issue a separate permit authorizing a defendant to operate a vehicle
owned by the defendant's employer during the period of revocation without
installation of an ignition interlock device if the defendant is gainfully
employed in a position that requires driving and the defendant will be
discharged if prohibited from driving a vehicle not equipped with an ignition
interlock device.

����
(e)
�
A request made pursuant to subsection (d)
shall be accompanied by[
:
]
sworn statements from:

����
(1)
�
[
A sworn statement from the
]
The

defendant containing facts establishing that the defendant currently is
employed in a position that requires driving and that the defendant will be
discharged if prohibited from driving a vehicle not equipped with an ignition
interlock device; and

����
(2)
�
[
A sworn statement from the
]
The

defendant's employer establishing that the employer will, in fact, discharge
the defendant if the defendant cannot drive a vehicle that is not equipped with
an ignition interlock device and identifying the specific vehicle the defendant
will drive for purposes of employment and the hours of the day, not to exceed
twelve hours per day, or the period of the specified assigned hours of work,
the defendant will drive the vehicle for purposes of employment.

����
(f)
�
A permit issued pursuant to subsection (d)
shall include restrictions allowing the defendant to drive[
:
]
only:

����
(1)
�
[
Only during
]
During

specified hours of employment, not to exceed twelve hours per day, or the
period of the specified assigned hours of work, and only for activities solely
within the scope of the employment;

����
(2)
�
[
Only the
]
The
vehicle
specified; and

����
(3)
�
[
Only if
]
If
the permit
is kept in the defendant's possession while operating the employer's vehicle.

����
(g)
�
Notwithstanding any other law to the
contrary, any:

����
(1)
�
Conviction under this section, section
291E-4(a)[
,
] or [
section
] 291E-61.5;

����
(2)
�
Conviction in any other state or
federal jurisdiction for an offense that is comparable to operating or being in
physical control of a vehicle while having either an unlawful alcohol
concentration or an unlawful drug content in the blood or urine or while under
the influence of an intoxicant or habitually operating a vehicle under the
influence of an intoxicant; or

����
(3)
�
Adjudication of a minor for a law
violation that, if committed by an adult, would constitute a violation of this
section or an offense under section 291E-4(a)[
,
] or [
section
]
291E-61.5,

shall be
considered a prior conviction for the purposes of imposing sentence under this
section.
�
Any judgment on a verdict or a
finding of guilty, a plea of guilty or nolo contendere, or an adjudication, in
the case of a minor, that at the time of the offense has not been expunged by
pardon, reversed, or set aside shall be deemed a prior conviction under this
section.

����
(h)
�
Whenever a court sentences a person pursuant
to subsection (b), it also shall require that the offender be referred to the
driver's education program for an assessment, by a certified substance abuse
counselor deemed appropriate by the court, of the offender's substance abuse or
dependence and the need for appropriate treatment.
�
The counselor shall submit a report with
recommendations to the court.
�
The court
shall require the offender to obtain appropriate treatment if the counselor's
assessment establishes the offender's substance abuse or dependence.
�
[
All
]
Except as provided in
subsection (l), all
costs for assessment and treatment shall be borne by
the offender.

����
(i)
�
Upon proof that the defendant has:

����
(1)
�
Installed an ignition interlock device
in any vehicle the defendant operates pursuant to subsection (b); and

����
(2)
�
Obtained motor vehicle insurance or
self-insurance that complies with the requirements under either section
431:10C-104 or section 431:10C-105,
the

court shall issue an ignition interlock permit that will allow the defendant to
drive a vehicle equipped with an ignition interlock device during the
revocation period.

����
(j)
�
Notwithstanding any other law to the
contrary, whenever a court revokes a person's driver's license pursuant to this
section, the examiner of drivers shall not grant to the person a new driver's
license until the expiration of the period of revocation determined by the
court.
�
After the period of revocation is
completed, the person may apply for and the examiner of drivers may grant to
the person a new driver's license.

����
(k)
�
[
Any
]
Except as provided in
subsection (l), any
person sentenced under this section may be ordered to
reimburse the county for the cost of any blood or urine tests conducted
pursuant to section 291E-11.
�
The court
shall order the person to make restitution in a lump sum, or in a series of
prorated installments, to the police department or other agency incurring the
expense of the blood or urine test.
�

Except as provided in section 291E-5, installation and maintenance of
the ignition interlock device required by subsection (b) shall be at the
defendant's own expense.

����
(l)
�
For any person sentenced pursuant to this
section for an offense committed while the person was a minor under the age of
eighteen years, in place of any financial penalties or surcharges against the
person or the person's parent or guardian for the minor's offense, the
court may order the person to participate in community
service of not more than seventy-two hours; provided that the community service
shall not interfere with the person's school or work commitments
.

����
[
(l)
]

(m)
�
As used in this section, the
term "examiner of drivers" has the same meaning as provided in
section 286-2."

����
SECTION
11.
�
Section 291E-61.5, Hawaii Revised
Statutes, is amended to read as follows:

����
"
�291E-61.5
�

Habitually operating a vehicle under the influence of an intoxicant.
�
(a)
�
A
person commits the offense of habitually operating a vehicle under the
influence of an intoxicant if:

����
(1)
�
The person is a habitual operator of a
vehicle while under the influence of an intoxicant; and

����
(2)
�
The person operates or assumes actual
physical control of a vehicle:

���������
(A)
�
While under the influence of alcohol in
an amount sufficient to impair the person's normal mental faculties or ability
to care for the person and guard against casualty;

���������
(B)
�
While under the influence of any drug
that impairs the person's ability to operate the vehicle in a careful and
prudent manner;

���������
(C)
�
With .08 or more grams of alcohol per
two hundred ten liters of breath; or

���������
(D)
�
With .08 or more grams of alcohol per
one hundred milliliters or cubic centimeters of blood.

����
(b)
�
Habitually operating a vehicle while under
the influence of an intoxicant is a class C felony.

����
(c)
�

[
For
]
Except as provided in subsection (h), for
a
conviction under this section, the sentence shall be either:

����
(1)
�
An
indeterminate term of imprisonment of five years; or

����
(2)
�
A
term of probation of five years, with conditions to include:

���������
(A)
�
Mandatory
revocation of license to operate a vehicle for a period [
no
]
not

less than three years but [
no
]
not
more than five years, with
mandatory installation of an ignition interlock device in all vehicles operated
by the respondent during the revocation period;

���������
(B)
�
[
No
]

Not
less than ten days imprisonment, of which at least forty-eight hours
shall be served consecutively;

���������
(C)
�
A
fine of [
no
]
not
less than $2,000 but [
no
]
not
more
than $5,000, to be deposited into the drug and alcohol toxicology testing
laboratory special fund;

���������
(D)
�
Referral
to a certified substance abuse counselor as provided in subsection (e);

���������
(E)
�
A
surcharge of $25 to be deposited into the neurotrauma special fund; and

���������
(F)
�
A
surcharge of up to $50 to be deposited into the trauma system special fund if
the court so orders.

In addition to the foregoing, any vehicle owned
and operated by the person committing the offense shall be subject to
forfeiture pursuant to chapter 712A.

����
(d)
�

[
For
]
Except as provided in subsection (h), for
any person
who is convicted under this section and was a highly intoxicated driver at the
time of the subject incident, the offense shall be a class B felony and the
person shall be sentenced to the following:

����
(1)
�
An
indeterminate term of imprisonment of ten years; or

����
(2)
�
A
term of probation of five years, with conditions to include the following:

���������
(A)
�
Permanent
revocation of license to operate a vehicle;

���������
(B)
�
[
No
]

Not
less than eighteen months imprisonment;

���������
(C)
�
A
fine of [
no
]
not
less than $5,000 but [
no
]
not
more
than $25,000; and

���������
(D)
�
Referral
to a certified substance abuse counselor as provided in subsection (e).

In addition to the foregoing, any vehicle owned
and operated by the person who committed the offense shall be subject to
forfeiture pursuant to chapter 712A.

����
(e)
�
Whenever a court sentences a person under
this section, it shall also require that the offender be referred to the
driver's education program for an assessment, by a certified substance abuse
counselor, of the offender's substance abuse or dependence and the need for
appropriate treatment.
�
The counselor
shall submit a report with recommendations to the court.
�
The court shall require the offender to
obtain appropriate treatment if the counselor's assessment establishes the
offender's substance abuse or dependence.
�

[
All
]
Except as provided in subsection (h), all
costs for
assessment and treatment shall be borne by the offender.

����
(f)
�
Notwithstanding any other law to the
contrary, whenever a court revokes a person's driver's license pursuant to this
section, the examiner of drivers shall not grant to the person a new driver's
license until expiration of the period of revocation determined by the
court.
�
After the period of revocation is
complete, the person may apply for and the examiner of drivers may grant to the
person a new driver's license.

����
(g)
�
[
Any
]
Except as provided in
subsection (h), any
person sentenced under this section may be ordered to
reimburse the county for the cost of any blood or urine tests conducted
pursuant to section 291E-11.
�
The court
shall order the person to make restitution in a lump sum, or in a series of
prorated installments, to the police department or other agency incurring the
expense of the blood or urine test.

����
(h)
�
In place of any financial penalty or
surcharge under subsection (c) or (d) against a person who is adjudicated or
sentenced under this section while the person was a minor under the age of
eighteen years, or against the person's parent or guardian for the person's
offense, the court may order the person to participate in community service of
not more than seventy-two hours; provided that the community service shall not
interfere with the person's school or work commitments.

����
[
(h)
]

(i)
�
As used in this section:

����
"Convicted
one or more times for offenses of habitually operating a vehicle under the
influence" means that, at the time of the behavior for which the person is
charged under this section, the person had one or more times within ten years
of the instant offense:

����
(1)
�
A judgment on a verdict or a finding of
guilty, or a plea of guilty or nolo contendere, for a violation of this section
or section 291-4.4 as that section was in effect on December 31, 2001;

����
(2)
�
A judgment on a verdict or a finding of
guilty, or a plea of guilty or nolo contendere, for an offense that is
comparable to this section or section 291-4.4 as that section was in effect on
December 31, 2001; or

����
(3)
�
An adjudication of a minor for a law or
probation violation that, if committed by an adult, would constitute a
violation of this section or section 291‑4.4 as that section was in
effect on December 31, 2001,

that, at
the time of the instant offense, had not been expunged by pardon, reversed, or
set aside.
�
All convictions that have
been expunged by pardon, reversed, or set aside before the instant offense
shall not be deemed prior convictions for the purposes of proving the person's
status as a habitual operator of a vehicle while under the influence of an
intoxicant.

����
"Convicted
two or more times for offenses of operating a vehicle under the influence"
means that, at the time of the behavior for which the person is charged under
this section, the person had two or more times within ten years of the instant
offense:

����
(1)
�
A judgment on a verdict or a finding of
guilty, or a plea of guilty or nolo contendere, for a violation of section
291E-61 or 707-702.5;

����
(2)
�
A judgment on a verdict or a finding of
guilty, or a plea of guilty or nolo contendere, for an offense that is
comparable to section 291E-61 or 707-702.5; or

����
(3)
�
An adjudication of a minor for a law or
probation violation that, if committed by an adult, would constitute a
violation of section 291E-61 or 707‑702.5,

that, at the
time of the instant offense, had not been expunged by pardon, reversed, or set
aside.
�
All convictions that have been
expunged by pardon, reversed, or set aside before the instant offense shall not
be deemed prior convictions for the purposes of proving that the person is a
habitual operator of a vehicle while under the influence of an intoxicant.

����
"Examiner
of drivers" has the same meaning as provided in section 286-2.

����
"Habitual
operator of a vehicle while under the influence of an intoxicant" means
that the person was convicted:

����
(1)
�
Two or more times for offenses of
operating a vehicle under the influence; or

����
(2)
�
One or more times for offenses of
habitually operating a vehicle under the influence."

����
SECTION
12
.
�
Section 291E-64, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�291E-64
�
Operating a vehicle after consuming a
measurable amount of alcohol; persons under the age of twenty-one.
�
(a)
�
It
shall be unlawful for any person under the age of twenty-one years to operate
any vehicle with a measurable amount of alcohol.
�
A law enforcement officer may arrest a person
under this section when the officer has probable cause to believe the arrested
person is under the age of twenty-one
years
and had been operating a
vehicle upon a public way, street, road, or highway or on or in the waters of
the State with a measurable amount of alcohol.

����
(b)
�
[
A
]

Except as provided in subsection (j), a
person who violates this section
shall be sentenced as follows:

����
(1)
�
For a first violation or any violation
not preceded within a five-year period by a prior alcohol enforcement contact:

���������
(A)
�
The court shall impose:

�������������
(i)
�
A requirement that the person and, if
the person is under the age of eighteen, the person's parent or guardian attend
an alcohol abuse education and counseling program for not more than ten hours;
and

������������
(ii)
�
A one hundred eighty-day prompt
suspension of license and privilege to operate a vehicle with absolute
prohibition from operating a vehicle during the suspension period, or in the
case of a person eighteen years of age or older, the court may impose, in lieu
of the one hundred eighty-day prompt suspension of license, a minimum
thirty-day prompt suspension of license with absolute prohibition from
operating a vehicle and, for the remainder of the one hundred eighty‑day
period, a restriction on the license that allows the person to drive for
limited work-related purposes and to participate in alcohol abuse education and
treatment programs; and

���������
(B)
�
In addition, the court may impose any
one or more of the following:

�������������
(i)
�
Not more than thirty-six hours of
community service work; or

������������
(ii)
�
A fine of not less than $150 but not
more than $500;

����
(2)
�
For a violation that occurs within five
years of a prior alcohol enforcement contact:

���������
(A)
�
The court shall impose prompt
suspension of license and privilege to operate a vehicle for a period of one
year with absolute prohibition from operating a vehicle during the suspension
period; and

���������
(B)
�
In addition, the court may impose any
of the following:

�������������
(i)
�
Not more than fifty hours of community
service work; or

������������
(ii)
�
A fine of not less than $300 but not
more than $1,000; and

����
(3)
�
For a violation that occurs within five
years of two prior alcohol enforcement contacts:

���������
(A)
�
The court shall impose revocation of
license and privilege to operate a vehicle for a period of two years; and

���������
(B)
�
In addition, the court may impose any
of the following:

�������������
(i)
�
Not more than one hundred hours of
community service work; or

������������
(ii)
�
A fine of not less than $300 but not
more than $1,000.

����
(c)
�

Notwithstanding any other law to the contrary, any conviction or plea
under this section shall be considered a prior alcohol enforcement contact.

����
(d)
�

Whenever a court sentences a person pursuant to subsection (b)(2) or
(3), it also shall require that the person be referred to the driver's
education program for an assessment, by a certified substance abuse counselor,
of the person's alcohol abuse or dependence and the need for appropriate
treatment.
�
The counselor shall submit a
report with recommendations to the court.
�

The court shall require the person to obtain appropriate treatment if
the counselor's assessment establishes the person's alcohol abuse or
dependence.
�
[
All
]
Except as
provided in subsection (j), all
costs for assessment and treatment shall be
borne by the person or by the person's parent or guardian, if the person is
under the age of eighteen.

����
(e)
�
Notwithstanding section 831-3.2 or any other
law to the contrary, a person convicted of a first-time violation under
subsection (b)(1) or section 291-4.3, as it existed before Act 189, Session
Laws of Hawaii 2000, who had no prior alcohol enforcement contacts, may apply
to the court for an expungement order upon attaining the age of twenty-one[
,
]

years,
or thereafter, if the person has fulfilled the terms of the
sentence imposed by the court and has had no subsequent alcohol or drug related
enforcement contacts; provided that this subsection shall not apply to
persons in possession of a commercial learner's permit or
commercial driver's license or convicted in a commercial motor vehicle or while
transporting hazardous materials
.

����
(f)
�

Notwithstanding any other law to the contrary, whenever a court revokes
a person's driver's license pursuant to this section, the examiner of drivers
shall not grant to the person an application for a new driver's license for a
period to be determined by the court.

����
(g)
�
[
Any
]

Except as provided in subsection (j), any
person sentenced under this
section may be ordered to reimburse the county for the cost of any blood tests
conducted pursuant to section 291E-11.
�

The court shall order the person to make restitution in a lump sum, or
in a series of prorated installments, to the police department or other agency
incurring the expense of the blood test.

����
(h)
�

The requirement to provide proof of financial responsibility pursuant to
section 287-20 shall not be based upon a sentence imposed under subsection
(b)(1).

����
(i)
�

Any person who violates this section shall be guilty of a violation.

����
(j)
�

For any person sentenced pursuant to this section for a violation
committed while the person was a minor under the age of eighteen years, in
place of any financial penalties
�
or surcharges
permitted by subsection (b) against the person, or the person's parent or
guardian for the person's violation, the court may order the person to
participate in community service of not more than seventy-two hours; provided
that the community service shall not interfere with the person's school or work
commitments.

����
[
(j)
]
(k)
�
As used in this section, the terms
"driver's license" and "examiner of drivers" have the same
meanings as provided in section 286-2."

PART III

����
SECTION
13.
�
If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

����
SECTION
14.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION
15.
�
This Act shall take effect upon its
approval; provided that the amendments made to sections 291E-61 and 291E‑61.5,
Hawaii Revised Statutes, by sections 12 and 13, respectively, of this Act shall
not be repealed when those sections are reenacted on June 30, 2028, pursuant to
section 11 of Act 196, Session Laws of Hawaii 2021, as amended by section 8 of
Act 148, Session Laws of Hawaii 2023.

INTRODUCED BY:

_____________________________

Report Title:

Juvenile
Justice; Court Fees; Fines; Penalties

Description:

Allows
community service in place of the assessment of any fines, fees, or court costs
against a person who was adjudicated for a traffic-related offense committed
while the person was a minor under the age of 18 years, or against the person's
parent or guardian.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.