SECTION 1. Chapter 291E, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§291E‑ Refusal to submit to breath, blood, or urine test; surrender of firearms and ammunition. If any person under arrest who is not a law enforcement officer refuses to submit to a breath, blood, or urine test, in addition to the procedures and sanctions under this part, that person shall be disqualified from ownership, possession, or control of firearms and ammunition for the duration of the refusal to submit to a breath, blood, or urine test and shall voluntarily surrender all firearms and ammunition to the chief of police where the person resides within forty-eight hours or dispose of all firearms and ammunition within forty-eight hours."

SECTION 2. Section 134-2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) An applicant who is not a law enforcement officer for a permit shall sign a waiver at the time of application, allowing the chief of police of the county issuing the permit access to any records that have a bearing on the mental health of the applicant[.] and shall include with the permit application form an affirmation that neither the applicant nor any family or household member, as defined in section 709-906, is or has been diagnosed as having a significant behavioral, emotional, or mental disorder, as defined by the most current diagnostic and statistical manual of the American Psychiatric Association, that impairs the judgment, perception, or reasoning necessary for the safe operation of a firearm. The affirmation shall also state that if an applicant is granted a permit and the person is subsequently disqualified from ownership, possession, or control of firearms and ammunition pursuant to section 134-7(c)(3) or (4), the person shall lock the firearm with its integrated locking device or safety device, should it be so equipped, and secure all firearms and ammunition where the person resides in an appropriate, secured enclosed container, as defined in section 134-25, within forty-eight hours or dispose of all firearms and ammunition within forty-eight hours. The permit application form [~~and the~~] waiver form, and affirmation shall be prescribed by the attorney general and shall be uniform throughout the State."

SECTION 3. Section 134-7, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) No person who:

(1) Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;

(2) Has been acquitted of a crime on the grounds of mental disease, disorder, or defect pursuant to section 704-411; [or]

(3) Is or has been diagnosed as having a significant behavioral, emotional, or mental [~~disorders~~] disorder, as defined by the most current diagnostic and statistical manual of the American Psychiatric Association, that impairs the judgment, perception, or reasoning necessary for the safe operation of a firearm [~~or for treatment for organic brain syndromes~~]; or

(4) Lives with a family or household member, as defined in section 709-906, who is or has been diagnosed as having a significant behavioral, emotional, or mental disorder, as defined by the most current diagnostic and statistical manual of the American Psychiatric Association, that impairs the judgment, perception, or reasoning necessary for the safe operation of a firearm,

shall own, possess, or control any firearm or ammunition therefor, unless the person or family or household member, as the case may be, has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect. The restrictions of this subsection shall not apply to law enforcement officers."

SECTION 4. Section 134-7.3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) If any applicant is denied a permit[,] and is not a law enforcement officer, the chiefs of police of the respective counties shall send, by certified mail, a notice setting forth the reasons for the denial and may require that the applicant voluntarily surrender all firearms and ammunition to the chief of police where the applicant resides or dispose of all firearms and ammunition. If an applicant fails to voluntarily surrender or dispose of all firearms and ammunition within thirty days from the date notice was mailed, the chief of police may seize all firearms and ammunition.

If an applicant is denied a permit because the applicant is prohibited from owning, possessing, or controlling a firearm and ammunition pursuant to section 134-7(c)(3) or (4), the chief of police of the respective county shall send, by certified mail, a notice setting forth the reason for the denial and require that the applicant lock the firearm with its integrated locking device or safety device, should it be so equipped, and secure all firearms and ammunition where the person resides in an appropriate, secured enclosed container, as defined in section 134-25, within forty-eight hours or dispose of all firearms and ammunition within forty-eight hours. If the applicant fails to lock up and secure, or dispose of, all firearms and ammunition within forty-eight hours, the applicant shall be fined $50 per day of noncompliance, and the chief of police may seize all firearms and ammunition.

(b) Any person disqualified from ownership, possession, or control of firearms and ammunition under section 134-7 shall voluntarily surrender all firearms and ammunition to the chief of police where the person resides or dispose of all firearms and ammunition. If any person fails to voluntarily surrender or dispose of all firearms and ammunition within thirty days from the date of disqualification, the chief of police may seize all firearms and ammunition.

Any person disqualified from ownership, possession, or control of firearms and ammunition pursuant to section 134-7(c)(3) or (4) or 291E‑ shall lock the firearm with its integrated locking device or safety device, should it be so equipped, and secure all firearms and ammunition where the person resides in an appropriate, secured enclosed container, as defined in section 134-25, within forty-eight hours or dispose of all firearms and ammunition within forty-eight hours. If that person fails to lock up and secure, or dispose of, all firearms and ammunition within forty-eight hours, the person shall be fined $50 per day of noncompliance, and the chief of police may seize all firearms and ammunition."

SECTION 5. Section 134-13, Hawaii Revised Statutes, is amended to read as follows:

"§134-13 Revocation of permits[.] and licenses. All permits and licenses provided for under this part may be revoked, for good cause, including failure to pay child or spousal support, by the issuing authority or by the judge of any court. This revocation of permit or license shall not apply to law enforcement officers."

SECTION 6. Section 291E-15, Hawaii Revised Statutes, is amended to read as follows:

"§291E-15 Refusal to submit to breath, blood, or urine test; subject to administrative revocation proceedings. If a person under arrest who refuses to submit to a breath, blood, or urine test, none shall be given, except as provided in section 291E-21. Upon the law enforcement officer's determination that the person under arrest has refused to submit to a breath, blood, or urine test, if applicable, then a law enforcement officer shall:

(1) Inform the person under arrest of the sanctions under section 291E- , 291E-41, 291E-65, or 291E-68; and

(2) Ask the person if the person still refuses to submit to a breath, blood, or urine test, thereby subjecting the person to the procedures and sanctions under part III or section 291E-65, as applicable;

provided that if the law enforcement officer fails to comply with paragraphs (1) and (2), the person shall not be subject to the refusal sanctions under part III or IV."

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2015.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1381
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII