A measure increasing the penalty on a person convicted of first-degree negligent homicide while driving under the influence of an intoxicant is one step away from becoming law.
Senate Bill 2163 CD 1 is awaiting Gov. David Ige’s signature after passing floor readings in both the House and Senate after emerging from conference committee on April 28.
The Senate, which is where the bill originated, voted unanimously to accept the changes made in conference while all House members voted “aye” with the exceptions of Reps. Matthew LoPresti (D-Oahu), who voted “aye with reservations” and Jeanne Kapela (D-South Kona, North Kona and Ka‘u), who voted no.
As passed, Senate Bill 2163 CD1 will elevate first-degree negligent homicide to a Class A felony — which is punishable by up to 20 years behind bards — if the person has a prior DUI conviction within 15 years of the negligent homicide offense; is driving with a license revoked or suspended for drunken driving; or is a “highly intoxicated driver,” which means having a blood alcohol concentration of 0.15% — nearly twice the legal limit of 0.08%.
Currently, a person convicted of first-degree negligent homicide, a Class B felony, faces up to 10 years imprisonment.
“Your Committee on Conference finds that existing penalties need to be addressed to deter drivers from repeatedly operating their vehicles under the influence of drugs and alcohol or at increased blood or breath alcohol levels. This measure will prevent traffic fatalities and save lives by elevating the penalty of negligent homicide in the first degree from a class B felony to a class A felony when certain conditions are met,” conference committee co-chairs Rep. Mark Nakashima (D-Hamakua and Hilo) and Sen. Karl Rhoads (D-Oahu) wrote in the conference committee report.
Another impaired driving-related bill, Senate Bill 2096, which sought to lower the threshold of blood-alcohol concentration for being arrested and charged with driving under the influence of an intoxicant from the current 0.08% to 0.05%, failed to secure a hearing in the House.