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HI HB1866
Bill
Status
3/8/2022
Primary Sponsor
Mark Nakashima
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AI Summary
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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.
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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).
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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.
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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.
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Effective date: January 1, 2222.
Legislative Description
Relating To Intoxication.
Implied Consent
Last Action
Referred to JDC.
3/11/2022