HomeMy WebLinkAboutREP HSSPSC 010 03/08/2012 2010-2012 REPORT OF THE
COMMITTEE ON HUMAN SERVICES,
SOCIAL SERVICES AND PUBLIC SAFETY
DATE: March 8, 2012 Re: Comm.No. 602/Bill 196
PLACE: Council Chambers
Hilo, Hawai`i
TIME: 8:00 a.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Your Committee on Human Services, Social Services and Public Safety,to which was referred
Bill 196, reports as follows:
Bill 196,transmitted by Council Member Donald Ikeda, via Communication No. 602, dated
February 13, 2012, amends Chapter 14, Article 1, of the Hawaii County Code 1983 (2005 Edition,
as Amended), Relating to Alcoholic Beverages.
Bill 196 amends the Hawai`i County.Code Section 14-6,Penalty,by deleting the fine of$500 and
adds the following language: A violation of this article shall constitute a petty misdemeanor. Any
person violating any provision of this article shall be guilty of a petty misdemeanor, and upon
conviction thereof, shall be punishable by a term of imprisonment of not more than thirty days, a
fine not to exceed $1000, or both.
Ms. Dale Ross, First Deputy Prosecutor, Office of the Prosecuting Attorney and Officer William
Derr, Police Officer III, came forward to address Members of the Committee. Ms. Ross explained
that this amendment to the County Code would provide the court more flexibility with regards to
chronic offenders. Currently, there are no ramifications for repeat offenders and this change would
allow more meaningful sanctions to be imposed. Mr. Derr added that the change from a simple
violation to a petty misdemeanor would provide the Judiciary with guidelines and greater latitude.
Mr. Hoffmann agreed with the intent of the new language, but would like to see more public
education effort regarding drinking in public, especially for tourists and visitors who may not
realize that it is against the law.
Ms. Ford asked where in the amended language it allows a judge to impose probation, substance
abuse treatment, or geographical bans. Ms. Ross explained that because a violation constitutes a
"petty misdemeanor"that language allows the court to impose probation, substance abuse
treatment, and geographical bans rather than jail time, and it doesn't need to be specifically stated.
Ms. Ross also explained that where there are more specific laws, that language would apply.
Mr. Yagong stated he supports Bill 196 and believes it is important to provide probation and
treatment plans to repeat offenders. Mr. Blas also stated his support for Bill 196.
HSSPSC Rept. No.: 10
HSSPSC-10 Page 2 March 8, 2012
Your Committee on Human Services, Social Services, and Public Safety is in accord with the
purpose and intent of Bill 196, and recommends its passage on first reading.
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AYES NOES A&E EX Respectfully submitted,
BLAS X
FORD x COMMITTEE ON HUMAN SERVICES,
HOFFMANN x SOCIAL SERVICES & PUBLIC SAFETY
IKEDA X
ONISHI X
PILAGO X /
SMART X K. ANGEL PILAGO, CHAIR
YAGONG X HSSPSC REPORT NO. 10
YOSHIMOTO X ADOPTED: MAR 21 2012