REPORT TITLE:
Traffic Stop; ID


DESCRIPTION:
Authorizes police to arrest drivers stopped for traffic
violations who refuse to provide proof of their identification or
who are suspected of providing false or misleading information.
(HB1528 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1528
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PENALTIES AND PROCEDURES ON ARREST.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that the lack of a penalty
 
 2 for refusing to provide identification when detained for a
 
 3 violation of the statewide traffic code as found in chapter 291C,
 
 4 Hawaii Revised Statutes, severely hampers the ability of law
 
 5 enforcement officials to carry out their responsibilities.  The
 
 6 effect of Act 214, Session Laws of Hawaii 1993, which provided
 
 7 for the decriminalization of many traffic offenses, effective
 
 8 July 1, 1994, has been to prevent police from correctly
 
 9 identifying persons stopped for traffic violations.  The problem
 
10 for law enforcement arises when officers encounter situations in
 
11 which they are unable to ascertain the true identity of an
 
12 individual involved in a traffic stop.  This usually involves
 
13 individuals who lack a valid driver's license or who are evading
 
14 detection on an outstanding penal summons, arrest warrant,
 
15 restraining order, or criminal investigation.  In these
 
16 instances, the individuals will attempt to conceal their true
 
17 identity by providing an incomplete, inaccurate, or false
 
18 information to the police.  Some will often refuse to give any
 
19 information at all.  Because police are limited in traffic stop
 
20 situations to issuing citations and summons, they are unable to
 

 
Page 2                                                     1528
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 verify the accuracy of the information given by such individuals
 
 2 and must rely on the information given to them or, in the case
 
 3 where no information is given, are restricted from taking any
 
 4 action.
 
 5      The legislature finds that, because of the limited resources
 
 6 available to law enforcement, the present law places undue
 
 7 restrictions and impediments to effective law enforcement and
 
 8 must therefore be changed.  In these cases, the legislature
 
 9 believes that physical arrest of an individual is justified in
 
10 the interest of the public and the officer's safety.
 
11      The legislature further finds that other traffic laws, as
 
12 found in chapters 286 and 291, Hawaii Revised Statutes, warrant
 
13 similar identification requirements to improve traffic
 
14 enforcement efforts in the State.
 
15      The purpose of this Act is to give police the authority to
 
16 arrest a driver:
 
17      (1)  For refusing to provide information; or
 
18      (2)  If there is a reasonable basis to believe that the
 
19           driver is providing inaccurate, deceptive, or
 
20           misleading information as to the driver's identity and
 
21           residence.
 
22      SECTION 2.  Chapter 286, Hawaii Revised Statutes, is amended
 
23 by adding a new section to be appropriately designated and to
 
24 read as follows:
 

 
Page 3                                                     1528
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      "§286-     Refusal to provide identification.  (a)  Any
 
 2 driver of a motor vehicle or moped detained for a violation of
 
 3 this chapter shall provide the driver's name and address, or any
 
 4 proof thereof, or both, upon the lawful order or direction of any
 
 5 police officer in the course and scope of the officer's duties.
 
 6 If the officer has reasonable grounds to believe that the driver
 
 7 is being deceptive or misleading in providing the driver's name
 
 8 and address, the driver shall provide such proof thereof, upon
 
 9 the lawful order or direction of the police officer.
 
10      (b)  Every person who violates this section shall:
 
11      (1)  Be fined not more than $200 or imprisoned not more than
 
12           ten days for a first conviction thereof;
 
13      (2)  Be fined not more than $300 or imprisoned not more than
 
14           twenty days, or both, for conviction of a second
 
15           offense committed within one year after the date of the
 
16           first offense; and
 
17      (3)  Be fined not more than $500 or imprisoned not more than
 
18           six months, or both, for conviction of a third or
 
19           subsequent offense committed within one year after the
 
20           date of the first offense."
 
21      SECTION 3.  Chapter 291, Hawaii Revised Statutes, is amended
 
22 by adding a new section to be appropriately designated and to
 
23 read as follows:
 

 
Page 4                                                     1528
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      "§291-     Refusal to provide identification.  (a)  Any
 
 2 driver of a motor vehicle or moped detained for a violation of
 
 3 this chapter shall provide the driver's name and address, or any
 
 4 proof thereof, or both, upon the lawful order or direction of any
 
 5 police officer in the course and scope of the officer's duties.
 
 6 If the officer has reasonable grounds to believe that the driver
 
 7 is being deceptive or misleading in providing the driver's name
 
 8 and address, the driver shall provide such proof thereof, upon
 
 9 the lawful order or direction of the police officer.
 
10      (b)  Every person who violates this section shall:
 
11      (1)  Be fined not more than $200 or imprisoned not more than
 
12           ten days for a first conviction thereof;
 
13      (2)  Be fined not more than $300 or imprisoned not more than
 
14           twenty days, or both, for conviction of a second
 
15           offense committed within one year after the date of the
 
16           first offense; and
 
17      (3)  Be fined not more than $500 or imprisoned not more than
 
18           six months, or both, for conviction of a third or
 
19           subsequent offense committed within one year after the
 
20           date of the first offense."
 
21      SECTION 4.  Section 291C-161, Hawaii Revised Statutes, is
 
22 amended by amending subsection (c) to read as follows:
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      "(c)  Every person who violates section 291C-13, [or]
 
 2 29lC-18, or 291C-172 shall:
 
 3      (1)  Be fined not more than $200 or imprisoned not more than
 
 4           ten days for a first conviction thereof;
 
 5      (2)  Be fined not more than $300 or imprisoned not more than
 
 6           twenty days, or both, for conviction of a second
 
 7           offense committed within one year after the date of the
 
 8           first offense; and
 
 9      (3)  Be fined not more than $500 or imprisoned not more than
 
10           six months, or both, for conviction of a third or
 
11           subsequent offense committed within one year after the
 
12           date of the first offense."
 
13      SECTION 5.  Section 291C-172, Hawaii Revised Statutes, is
 
14 amended by amending subsection (a) to read as follows:
 
15      "(a)  [Except as provided in subsection (b), any person] Any
 
16 driver of a motor vehicle or moped detained for a violation of
 
17 this chapter shall provide the [person's] driver's name and
 
18 address, or any proof thereof, or both, upon the lawful order or
 
19 direction of any police officer in the course and scope of the
 
20 officer's duties [pursuant to this chapter].  If the officer has
 
21 reasonable grounds to believe that the driver is being deceptive
 
22 or misleading in providing the driver's name and address, the
 
23 driver shall provide such proof thereof, upon the lawful order or
 
24 direction of the police officer."
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 6.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 7.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 8.  This Act shall take effect upon its approval.