Laserfiche WebLink
REPORT OF THE <br /> COMMITTEE ON HUMAN SERVICES, <br /> SOCIAL SERVICES AND PUBLIC SAFETY <br /> DATE: March 8, 2012 Re: Comm.No. 602/Bill 196 <br /> PLACE: Council Chambers <br /> Hilo, Hawai`i <br /> TIME: 8:00 a.m. <br /> Council Chair and Members <br /> Hawai`i County Council <br /> Hilo, Hawai`i 96720 <br /> Your Committee on Human Services, Social Services and Public Safety,to which was referred <br /> Bill 196, reports as follows: <br /> Bill 196,transmitted by Council Member Donald Ikeda, via Communication No. 602, dated <br /> February 13, 2012, amends Chapter 14, Article 1, of the Hawaii County Code 1983 (2005 Edition, <br /> as Amended), Relating to Alcoholic Beverages. <br /> Bill 196 amends the Hawai`i County.Code Section 14-6,Penalty,by deleting the fine of$500 and <br /> adds the following language: A violation of this article shall constitute a petty misdemeanor. Any <br /> person violating any provision of this article shall be guilty of a petty misdemeanor, and upon <br /> conviction thereof, shall be punishable by a term of imprisonment of not more than thirty days, a <br /> fine not to exceed $1000, or both. <br /> Ms. Dale Ross, First Deputy Prosecutor, Office of the Prosecuting Attorney and Officer William <br /> Derr, Police Officer III, came forward to address Members of the Committee. Ms. Ross explained <br /> that this amendment to the County Code would provide the court more flexibility with regards to <br /> chronic offenders. Currently, there are no ramifications for repeat offenders and this change would <br /> allow more meaningful sanctions to be imposed. Mr. Derr added that the change from a simple <br /> violation to a petty misdemeanor would provide the Judiciary with guidelines and greater latitude. <br /> Mr. Hoffmann agreed with the intent of the new language, but would like to see more public <br /> education effort regarding drinking in public, especially for tourists and visitors who may not <br /> realize that it is against the law. <br /> Ms. Ford asked where in the amended language it allows a judge to impose probation, substance <br /> abuse treatment, or geographical bans. Ms. Ross explained that because a violation constitutes a <br /> "petty misdemeanor"that language allows the court to impose probation, substance abuse <br /> treatment, and geographical bans rather than jail time, and it doesn't need to be specifically stated. <br /> Ms. Ross also explained that where there are more specific laws, that language would apply. <br /> Mr. Yagong stated he supports Bill 196 and believes it is important to provide probation and <br /> treatment plans to repeat offenders. Mr. Blas also stated his support for Bill 196. <br /> HSSPSC Rept. No.: 10 <br />