Loading chat...

HI HB1866

Bill

Status

Engrossed

3/8/2022

Primary Sponsor

Mark Nakashima

Click for details

Origin

House of Representatives

2022 Regular Session

AI Summary

  • Amends section 291E-21, Hawaii Revised Statutes, to require health care providers to notify law enforcement when blood or urine tests reveal alcohol concentration meeting statutory limits or presence of impairing drugs during treatment of collision victims.

  • Requires law enforcement to request a search warrant before compelling a chemical test if a person refuses testing and exigent circumstances are not present, following federal constitutional requirements established in Missouri v. McNeely (2013) and Birchfield v. North Dakota (2016).

  • Permits law enforcement to offer a breath test to persons involved in collisions resulting in serious bodily injury or death, with authority to seek a search warrant for blood or urine tests if refused.

  • Prohibits state courts from vacating convictions for crimes committed before December 5, 2016, solely on the basis that blood alcohol evidence was obtained without a warrant, unless constitutionally required.

  • Effective date: January 1, 2222.

Legislative Description

Relating To Intoxication.

Implied Consent

Last Action

Referred to JDC.

3/11/2022

Committee Referrals

Judiciary3/11/2022
Judiciary & Hawaiian Affairs1/26/2022

Full Bill Text

No bill text available