REPORT TITLE:
Speeding; Excessive


DESCRIPTION:
Permits police to arrest person speeding in excess of 20 miles of
the posted speed limit.  (HB2905 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2905
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SPEEDING.



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

 1      SECTION 1.  The legislature finds that there have been
 
 2 recent instances in which drivers have exceeded the speed limit
 
 3 by an excessive amount, thus endangering themselves and others.
 
 4 In some instances, these motorists, despite having been ticketed
 
 5 for prior speeding violations, have continued their reckless
 
 6 behavior with tragic consequences.  Law enforcement officers are
 
 7 authorized only to issue a ticket for speeding; they do not have
 
 8 the authority to arrest such reckless speeders.  The legislature
 
 9 further finds that arresting excessive speeders who present a
 
10 danger on Hawaii's roadways is necessary for the safety of the
 
11 entire community.  Moreover, it will enable reckless speeders to
 
12 be brought into the criminal justice system, with the result that
 
13 they could be ordered into driver's education classes that might
 
14 have an impact on changing their driving behavior.  Accordingly,
 
15 the purpose of this Act is to authorize the arrest of excessive
 
16 speeders. 
 
17      SECTION 2.  Chapter 291C, Hawaii Revised Statutes, is
 
18 amended by adding a new section to be appropriately designated
 
19 and to read as follows:
 

 
Page 2                                                     2905
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      "§291C-    Excessive speeding; arrest permitted.  (a)
 
 2 Notwithstanding chapter 803 or any other provision of law to the
 
 3 contrary, a law enforcement officer may stop and arrest any
 
 4 person who drives a vehicle:
 
 5      (1)  In excess of twenty miles over the maximum posted speed
 
 6           limit; and
 
 7      (2)  Under circumstances that present a danger to the driver
 
 8           or to others.
 
 9      (b)  Notwithstanding chapter 291D, any person arrested
 
10 pursuant to this section shall be brought before a district court
 
11 judge and, if found guilty of speeding under section 291C-102,
 
12 may be ordered to attend driver education classes."
 
13      SECTION 3.  This Act does not affect rights and duties that
 
14 matured, penalties that were incurred, and proceedings that were
 
15 begun, before its effective date.
 
16      SECTION 4.  New statutory material is underscored.
 
17      SECTION 5.  This Act shall take effect upon its approval.