REPORT TITLE:
Trafic Violations Bureaus


DESCRIPTION:
Removes jurisdiction, authority, and administration of the
traffic violations bureaus from the district courts.  Obligates
the counties to operate county traffic court systems.  Empowers
respective counties with jurisdiction and authority to administer
traffic violations through the county traffic courts. Directs
director of finance to pay all fees and assessments from traffic
violations to the respective counties.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3202
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE COUNTIES. 


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

 1      SECTION 1.  Section 291D-1, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[§291D-1]  Purpose.  Act 222, Session Laws of Hawaii 1978,
 
 4 began the process of decriminalizing certain traffic offenses,
 
 5 not of a serious nature, to the status of violations.  In
 
 6 response to a request by the legislature, the judiciary prepared
 
 7 a report in 1987 that recommended, among other things, further
 
 8 decriminalization of traffic offenses, elimination of most
 
 9 traffic arraignments, disposition of uncontested violations by
 
10 mail, and informal hearings where the violation or the proposed
 
11 penalty is questioned.  The legislature finds that further
 
12 decriminalization of certain traffic offenses and streamlining of
 
13 the handling of those traffic cases will achieve a more
 
14 expeditious system for the judicial processing of traffic
 
15 infractions.  The system of processing traffic infractions
 
16 established by this chapter will:
 
17      (1)  Eliminate the long and tedious arraignment proceeding
 
18           for a majority of traffic matters;
 
19      (2)  Facilitate and encourage the resolution of many traffic
 
20           infractions through the payment of a monetary
 

 
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 1           assessment;
 
 2      (3)  Speed the disposition of contested cases through a
 
 3           hearing, similar to small claims proceedings, in which
 
 4           the rules of evidence will not apply and the court will
 
 5           consider as evidence the notice of traffic infraction,
 
 6           applicable police reports, or other written statements
 
 7           by the police officer who issued the notice, any other
 
 8           relevant written material, and any evidence or
 
 9           statements by the person contesting the notice of
 
10           traffic infraction;
 
11      (4)  Dispense in most cases with the need for witnesses,
 
12           including law enforcement officers, to be present and
 
13           for the participation of the prosecuting attorney;
 
14      (5)  Allow judicial, prosecutorial, and law enforcement
 
15           resources to be used more efficiently and effectively;
 
16           and
 
17      (6)  Save the taxpayers money and reduce their frustration
 
18           with the judicial system by simplifying the traffic 
 
19           court process.
 
20 The legislature further finds that this chapter will not require
 
21 expansion of the current traffic division of the district courts,
 
22 but will achieve greater efficiency through more effective use of
 
23 existing resources of the district courts.] but will achieve
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 greater efficiency through more effective use of existing
 
 2 resources of the district courts.]  The legislature finds that
 
 3 the counties should be vested with complete autonomy to operate,
 
 4 administer, fund, and collect all revenues from the adjudication
 
 5 and processing of all traffic violations."
 
 6      SECTION 2.  Section 291D-2, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "§291D-2 [Definitions] County Traffic Court System. [As used
 
 9 in this chapter:
 
10      "Hearing" means a proceeding conducted by the district court
 
11 pursuant to section 291D-8 at which a driver either contests the
 
12 notice of traffic infraction or admits to the traffic infraction
 
13 but offers an explanation to mitigate the monetary assessment
 
14 imposed.
 
15      "Traffic infraction" means all violations of statutes,
 
16 ordinances, or rules relating to traffic movement and control,
 
17 including parking, standing, equipment, and pedestrian offenses,
 
18 for which the prescribed penalties do not include imprisonment.
 
19      "Trial" means a trial conducted by the district court
 
20 pursuant to the Hawaii Rules of Penal Procedure and] rules of the
 
21 district court.]  It shall be the obligation of the respective
 
22 counties to establish a county traffic court system to administer
 
23 and adjudicate all traffic violations occurring in the respective
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 county.  Each county shall retain all fiscal responsibility and
 
 2 all revenues generated by the county traffic court system.  Each
 
 3 county shall establish all notice, answer, hearing, monetary
 
 4 assessments, restrictions on driver's licence and motor vehicle
 
 5 registration, time computations, powers of the county traffic
 
 6 court judges, trials and rules relating to the county traffic
 
 7 court."
 
 8      SECTION 3.  Section 291D-3, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§912D-3 [Applicability] County Traffic Court Judges. [(a)
 
11 Notwithstanding any other provision of law to the contrary, all
 
12 traffic infractions shall be adjudicated pursuant to this
 
13 chapter, except as provided in subsection (b).  This chapter
 
14 shall be applied uniformly throughout the State and in all
 
15 counties.  Penal sanctions except fines shall not apply to a
 
16 violation of a county ordinance that would constitute a traffic
 
17 infraction under this chapter.  Traffic infractions shall not be
 
18 classified as criminal offenses.
 
19 
 
20      (b)  Traffic infractions that involve an accident resulting
 
21 in personal injury or property damage or are committed in the
 
22 same course of conduct as a criminal offense for which the
 
23 offender is arrested or charged shall not be adjudicated pursuant
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 to this chapter, but shall be adjudicated by the appropriate
 
 2 district or circuit court of the circuit in which the traffic
 
 3 infraction was committed, whichever has jurisdiction pursuant to
 
 4 the applicable statute or rules of court.  In no event shall
 
 5 section 701-109 preclude prosecution for a criminal offense where
 
 6 a traffic infraction committed in the same course of conduct has
 
 7 been adjudicated pursuant to this chapter.
 
 8      (c)  If the defendant fails to appear for a traffic
 
 9 infraction which is committed in the same course of conduct as a
 
10 criminal offense for which the offender is arrested or charged,
 
11 the court shall enter a judgment by default in favor of the State
 
12 for the traffic infraction unless the court determines that good
 
13 cause or excusable neglect exists for the defendant's failure to
 
14 appear.  The court shall enter a disposition pursuant to the
 
15 Hawaii rules of penal procedure for the criminal offense.]  All
 
16 county traffic court judges shall be appointed by the chief
 
17 justice of the Hawaii supreme court."
 
18      SECTION 4.  Section 291D-4, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "[§291D-4] [Venue and jurisdiction] Director of Finance.
 
21 [(a)  All violations of state law, ordinances, or rules
 
22 designated as traffic infractions in this chapter shall be
 
23 adjudicated in the district and circuit where the alleged
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 infraction occurred, except as otherwise provided by law.
 
 2      (b)  Except as otherwise provided by law, jurisdiction is in
 
 3 the district court of the circuit where the alleged traffic
 
 4 infraction occurred.  Except as otherwise provided in this
 
 5 chapter, district court judges shall adjudicate traffic
 
 6 infractions."]  The director of finance shall pay to the
 
 7 respective county all monies, including fees and assessments,
 
 8 collected from the processing and adjudication of all traffic
 
 9 offenses.
 
10      SECTION 5.  Section 291D-5, Hawaii Revised Statutes, is
 
11 repealed.
 
12      [§291D-5 Notice of traffic infraction; form; determination
 
13 final unless contested.(a)  The notice of traffic infraction
 
14 shall include the complaint and summons for the purposes of this
 
15 chapter.  Whenever a notice of traffic infraction is issued to
 
16 the driver of a motor vehicle, the driver's signature, driver's
 
17 license number, and current address shall be affixed to the
 
18 notice.  If the driver refuses to sign the notice, the officer
 
19 shall record this refusal on the notice and issue the notice to
 
20 the driver.  Individuals to whom a notice of traffic infraction
 
21 is issued under this chapter need not be arraigned before the
 
22 court, unless required by rule of the supreme court.
 
23      (b)  The form for the notice of traffic infraction shall be
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 prescribed by rules of the district court which shall be uniform
 
 2 throughout the State.  Except in the case of traffic infractions
 
 3 involving parking, the notice shall include the following:
 
 4      (1)  A statement of the specific traffic infraction,
 
 5           including a brief statement of facts, for which the
 
 6           notice was issued;
 
 7      (2)  A statement of the monetary assessment, established for
 
 8           the particular traffic infraction pursuant to section
 
 9           291D-9, to be paid by the driver which shall be uniform
 
10           throughout the State;
 
11      (3)  A statement of the options provided in section 291D-
 
12           6(b) for answering the notice and the procedures
 
13           necessary to exercise the options;
 
14      (4)  A statement that the person to whom the notice is
 
15           issued must answer, choosing one of the options
 
16           specified in section 291D-6(b), within fifteen days;
 
17      (5)  A statement that failure to answer the notice of
 
18           traffic infraction within fifteen days shall result in
 
19           the entry of judgment by default for the State and a
 
20           late penalty assessed and, if the driver fails to pay
 
21           the monetary assessment within an additional thirty
 
22           days or otherwise take action to set aside the default,
 
23           notice to the director of finance of the appropriate
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1           county that the person to whom the notice was issued
 
 2           shall not be permitted to renew or obtain a driver's
 
 3           license or, where the notice was issued to a motor
 
 4           vehicle, the registered owner will not be permitted to
 
 5           register, renew the registration of, or transfer title
 
 6           to the motor vehicle until the traffic infraction is
 
 7           finally disposed of pursuant to this chapter;
 
 8      (6)  A statement that, at a hearing to contest the notice of
 
 9           traffic infraction conducted pursuant to section 291D-8
 
10           or in consideration of a written statement contesting
 
11           the notice of traffic infraction, no officer will be
 
12           present unless the driver timely requests the court to
 
13           have the officer present.  The standard of proof to be
 
14           applied by the court is whether a preponderance of the
 
15           evidence proves that the specified traffic infraction
 
16           was committed;
 
17      (7)  A statement that, at a hearing requested for the
 
18           purpose of explaining mitigating circumstances
 
19           surrounding the commission of the infraction or in
 
20           consideration of a written request for mitigation, the
 
21           person will be considered to have committed the traffic
 
22           infraction;
 
23      (8)  A space in which the driver's signature, current
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1           address, and driver's license number may be affixed;
 
 2           and
 
 3      (9)  The date, time, and place at which the driver must
 
 4           appear in court if the driver chooses to go to hearing.
 
 5      (c)  In the case of traffic infractions involving parking,
 
 6 the notice shall be affixed conspicuously to the vehicle as
 
 7 provided in section 291C-167 and shall include the information
 
 8 required by paragraphs (1) to (8) of subsection (b).]
 
 9      SECTION 6.  Section 291D-6, Hawaii Revised Statutes, is
 
10 repealed.
 
11       [[§291D-6]  Answer required.(a)  A person who receives a
 
12 notice of traffic infraction shall answer the notice within
 
13 fifteen days of the date of the notice.  There shall be included
 
14 with the notice of traffic infraction a preaddressed, postage
 
15 paid envelope directed to the traffic violations bureau of the
 
16 applicable district court.
 
17      (b)  In an answer to a notice of traffic infraction, a
 
18 person shall either:
 
19      (l)  Admit the commission of the infraction by completing
 
20           the appropriate portion of the notice of traffic
 
21           infraction and submitting it, either by mail or in
 
22           person, to the authority specified on the notice
 
23           together with payment, except as provided in section
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1           291D-9(d), in the amount of the monetary assessment
 
 2           stated on the notice of traffic infraction.  Payment by
 
 3           mail shall be in the form of a check, money order, or
 
 4           by approved credit card.  Payment in person shall be in
 
 5           the form of United States currency, check, money order,
 
 6           or by approved credit card;
 
 7      (2)  Deny the commission of the infraction by completing the
 
 8           appropriate portion of the notice of traffic infraction
 
 9           and submitting it, either by mail or in person, to the
 
10           authority specified on the notice.  In lieu of a
 
11           hearing, the person may submit a written statement of
 
12           grounds on which the person contests the notice of
 
13           traffic infraction, which shall be considered by the
 
14           court as a statement given in court pursuant to section
 
15           291D-8(a); or
 
16      (3)  Admit the commission of the infraction and request a
 
17           hearing to explain circumstances mitigating the
 
18           infraction by completing the appropriate portion of the
 
19           notice of traffic infraction and submitting it, either
 
20           by mail or in person, to the authority specified on the
 
21           notice.  In lieu of a hearing, the person may submit a
 
22           written explanation of the mitigating circumstances,
 
23           which shall be considered by the court as a statement
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1           given in court pursuant to section 291D-8(b).
 
 2      (c)  When answering the notice of traffic infraction, the
 
 3 person shall affix the person's signature to the answer and shall
 
 4 state the address at which the person will accept future mailings
 
 5 from the court.  No other response shall constitute an answer for
 
 6 purposes of this chapter.]
 
 7      SECTION 7.  Section 291D-7, Hawaii Revised Statutes, is
 
 8 repealed.
 
 9      [§291D-7 Court action after answer or failure to answer.
 
10 (a)  When an admitting answer is received, the court shall review
 
11 the driver's abstract.  The court shall enter judgment in favor
 
12 of the State in the amount of the monetary assessment specified
 
13 in the notice of traffic infraction.  If the monetary assessment
 
14 is not submitted with the answer, the court shall take action as
 
15 provided in section 291D-10.
 
16      (b)  When a denying answer is received, the court shall
 
17 proceed as follows:
 
18      (1)  In the case of a traffic infraction that does not
 
19           involve parking, the court shall proceed as provided in
 
20           section 291D-8(a).
 
21      (2)  In the case of a traffic infraction that involves
 
22           parking, the court shall notify the person or
 
23           registered owner or owners in writing of the date,
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1           time, and place of hearing to contest the notice of
 
 2           traffic infraction.  The notice of hearing shall be
 
 3           sent within thirty days from the postmarked date of the
 
 4           answer to the address stated in the denying answer or,
 
 5           if none is given, to the address at which the vehicle
 
 6           is registered.  The notification also shall advise the
 
 7           person that, if the person fails to appear at the
 
 8           hearing, the court shall enter judgment by default in
 
 9           favor of the State, as of the date of the scheduled
 
10           hearing, that the monetary assessment must be paid
 
11           within thirty days from notice of default, and, if it
 
12           is not paid, that the court will take action as
 
13           provided in section 291D-10.
 
14      (3)  When a denying answer is accompanied by a written
 
15           statement of the grounds on which the person contests
 
16           the notice of the traffic infraction, the court shall
 
17           proceed as provided in section 291D-8(a) and shall
 
18           notify the person of its decision, including the amount
 
19           of the monetary assessment by mailing it within thirty
 
20           days of the postmarked date of the answer to the
 
21           address provided by the person in the answer, or if
 
22           none is given to the address given when the notice of
 
23           traffic infraction was issued or, in the case of
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1           parking violations, to the address stated in the
 
 2           denying answer or, if none is given, to the address at
 
 3           which the vehicle is registered.  The decision also
 
 4           shall advise the person, if it is determined that the
 
 5           infraction was committed, that the person has the
 
 6           right, within thirty days, to request a trial and shall
 
 7           specify the procedures for doing so.  The notice of
 
 8           decision shall also notify the person, if a monetary
 
 9           assessment is assessed by the court, that if the person
 
10           does not request a trial, the assessment shall be paid
 
11           within thirty days.  The notice shall warn the person
 
12           that if the assessment is not paid within thirty days,
 
13           the court shall take action as provided in section
 
14           291D-10.
 
15      (c)  When an answer admitting commission of the infraction
 
16 but seeking to explain mitigating circumstances is received, the
 
17 court shall proceed as follows:
 
18      (1)  In the case of a traffic infraction which does not
 
19           involve parking, the court shall proceed as provided in
 
20           section 291D-8(b).
 
21      (2)  In case of a traffic infraction which involves parking,
 
22           the court shall notify the person in writing of the
 
23           date, time, and place of the hearing.  The notice shall
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1           be sent, within thirty days from the postmarked date of
 
 2           the answer, to the address at which the vehicle is
 
 3           registered.  The notice of hearing on mitigating
 
 4           circumstances shall advise the person that the court
 
 5           will enter judgment for the State and the hearing will
 
 6           be limited to an explanation of the mitigating
 
 7           circumstances.  The notice of hearing also shall state
 
 8           that if the person fails to appear at the hearing, the
 
 9           monetary assessment must be paid within thirty days of
 
10           the scheduled hearing.  The notice of hearing shall
 
11           warn the person that if the monetary assessment is not
 
12           paid within thirty days, the court shall take action as
 
13           provided in section 291D-10.
 
14      (3)  If a written explanation is included with an answer
 
15           admitting commission of the infraction, the court shall
 
16           enter judgment for the State and, after reviewing the
 
17           explanation, determine the amount of the monetary
 
18           assessment to be assessed, if any.  The court shall
 
19           then notify the person of the monetary assessment to be
 
20           paid for the infraction, if any.  There shall be no
 
21           appeal from the order.  If the court assesses a
 
22           monetary assessment, the court shall also notify the
 
23           person that the assessment shall be paid within thirty
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1           days of the postmarked date of the decision.  The
 
 2           notice shall also warn the person that if the monetary
 
 3           assessment is not paid within thirty days, the court
 
 4           shall take action as provided in section 291D-10.
 
 5      (d)  If the person fails to answer within fifteen days of
 
 6 issuance of the notice of traffic infraction, the court shall
 
 7 take action as provided in subsection (e).
 
 8      (e)  Whenever judgment by default in favor of the State is
 
 9 entered, the court shall mail a notice of entry of judgment of
 
10 default to the address provided by the person when the notice of
 
11 traffic infraction was issued or, in the case of parking
 
12 violations, to the address stated in the answer, if any, or the
 
13 address at which the vehicle is registered.  The notice shall
 
14 advise the person that the monetary assessment shall be paid
 
15 within thirty days and shall explain the procedure for setting
 
16 aside a default judgment.  The notice shall also warn the person
 
17 that if the monetary assessment is not paid within thirty days,
 
18 the court shall take action as provided in section 291D-10.
 
19 Judgment by default for the State entered pursuant to this
 
20 chapter may be set aside pending final disposition of the traffic
 
21 infraction upon written application of the person and posting of
 
22 an appearance bond equal to the amount of the monetary assessment
 
23 and any other assessment imposed pursuant to section 291D-9.  The
 

 
Page 16                                                    3202
                                     S.B. NO.           
                                                        
                                                        

 
 1 application shall show good cause or excusable neglect for the
 
 2 person's failure to take action necessary to prevent entry of
 
 3 judgment by default.  Upon receipt of the application, the court
 
 4 shall take action to remove the restriction placed on the
 
 5 person's driver's license or the motor vehicle's registration and
 
 6 title imposed pursuant to section 291D-10.  Thereafter, the court
 
 7 shall determine whether good cause or excusable neglect exists
 
 8 for the person's failure to take action necessary to prevent
 
 9 entry of judgment by default.  If so, the notice of traffic
 
10 infraction shall be disposed of pursuant to this chapter.  If
 
11 not, the appearance bond shall be forfeited and the notice of
 
12 traffic infraction shall be finally disposed.  In either case,
 
13 the court shall, within thirty days, determine the existence of
 
14 good cause or excusable neglect and notify the person of its
 
15 decision in writing.]
 
16      SECTION 8.  Section 291D-8, Hawaii Revised Statutes, is
 
17 repealed.
 
18      [§291D-8  Hearings.(a)  In proceedings to contest the
 
19 issuance of a notice of traffic infractions:
 
20      (1)  In lieu of the personal appearance by the officer who
 
21           issued the notice of traffic infraction, the court
 
22           shall consider the notice of traffic infraction and any
 
23           other written report made by the officer together with
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1           any oral or written statement by the driver, or in the
 
 2           case of traffic infractions involving parking, the
 
 3           operator or registered owner of the motor vehicle;
 
 4      (2)  The court may compel by subpoena the attendance of the
 
 5           officer who issued the notice and other witnesses from
 
 6           whom it may wish to hear;
 
 7      (3)  The standard of proof to be applied by the court shall
 
 8           be whether a preponderance of the evidence proves that
 
 9           the traffic infraction was committed; and
 
10      (4)  After due consideration of the evidence and arguments,
 
11           if any, the court shall determine whether commission of
 
12           the traffic infraction has been established.  Where the
 
13           commission of the traffic infraction has not been
 
14           established, an order dismissing the notice of traffic
 
15           infraction with prejudice shall be entered in the
 
16           records.  Where it has been established that the
 
17           traffic infraction was committed, the court shall enter
 
18           judgment for the State and may assess a monetary
 
19           assessment pursuant to section 291D-9.  The court also
 
20           shall inform the person of the right to request, within
 
21           thirty days, a trial pursuant to section 291D-13.  If
 
22           the person requests a trial at the hearing, the court
 
23           shall provide the person with the trial date forthwith.
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1           If trial is elected, arraignment and plea shall be held
 
 2           at the time of trial.
 
 3      (b)  In proceedings to explain mitigating circumstances:
 
 4      (1)  The procedure shall be informal and shall be limited to
 
 5           the issue of mitigating circumstances.  A person who
 
 6           requests to explain the circumstances shall not be
 
 7           permitted to contest the issuance of the notice of
 
 8           traffic infraction; and
 
 9      (2)  After the court has received the explanation, the court
 
10           shall enter judgment for the State and may assess a
 
11           monetary assessment, pursuant to section 291D-9; and
 
12      (3)  The court after receiving the explanation may vacate
 
13           the admission and dismiss the notice of traffic
 
14           infraction with prejudice where the explanation
 
15           establishes that the infraction was not committed; and
 
16      (4)  There shall be no appeal from the order.
 
17      (c)  If a person for whom a hearing has been scheduled to
 
18 contest the notice of traffic infraction or a hearing to explain
 
19 mitigating circumstances fails to appear at the hearing, the
 
20 court shall enter judgment by default for the State and take
 
21 action as provided in section 291D-7(e).  If the monetary
 
22 assessment is not paid within thirty days, the court shall take
 
23 action as provided in section 291D-10.]
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1      SECTION 9.  Section 291D-9, Hawaii Revised Statutes, is
 
 2 repealed.
 
 3   [[§291D-9]  Monetary assessments.(a)  A person found to have
 
 4 committed a traffic infraction shall be assessed a monetary
 
 5 assessment not to exceed the maximum fine specified in the
 
 6 statute defining the traffic infraction.
 
 7      (b)  Notwithstanding section 291C-161 or any other law to
 
 8 the contrary, the district court of each circuit shall prescribe
 
 9 a schedule of monetary assessments for all traffic infractions,
 
10 and any additional assessments to be imposed pursuant to
 
11 subsection (c).  The particular assessment to be entered on the
 
12 notice of traffic infraction pursuant to section 291D-5 shall
 
13 correspond to the schedule prescribed by the district court.
 
14 Except after proceedings conducted pursuant to section 291D-8 or
 
15 a trial conducted pursuant to section 291D-13, monetary
 
16 assessments assessed pursuant to this chapter shall not vary from
 
17 the schedule prescribed by the district court having jurisdiction
 
18 over the traffic infraction.
 
19      (c)  In addition to any monetary assessment imposed for a
 
20 traffic infraction, the court may impose additional assessments
 
21 for:
 
22      (1)  Failure to pay a monetary assessment by the scheduled
 
23           date of payment; or
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1      (2)  The cost of service of a penal summons issued pursuant
 
 2           to this chapter.
 
 3      (d)  The court may grant to a person claiming inability to
 
 4 pay, an extension of the period in which the monetary assessment
 
 5 shall be paid or may impose community service in lieu thereof.
 
 6 If the assessment is not paid or the community service is not
 
 7 performed on or before the date established and the court has not
 
 8 extended the time, the court shall take action as provided in
 
 9 section 291D-10.]
 
10      SECTION 10.  Section 291D-10, Hawaii Revised Statutes, is
 
11 repealed.
 
12      [[§291D-10]  Restriction on driver's license and motor
 
13 vehicle registration.(a)  When the person issued a notice of
 
14 traffic infraction not involving parking fails to pay a monetary
 
15 assessment that has been ordered, the court shall cause an entry
 
16 to be made in the driver's license record so as to prevent the
 
17 person whose assessment is outstanding from acquiring or renewing
 
18 the person's driver's license until the outstanding assessment is
 
19 paid or the notice of traffic infraction is otherwise disposed of
 
20 pursuant to this chapter.
 
21      (b)  In all cases where the registered owner of a motor
 
22 vehicle to which a notice of traffic infraction has been issued
 
23 fails to pay any monetary assessments that have been ordered, the
 

 
Page 21                                                    3202
                                     S.B. NO.           
                                                        
                                                        

 
 1 court shall cause an entry to be made in the motor vehicle's
 
 2 record so as to prevent issuance or renewal of the motor
 
 3 vehicle's certificate of registration and transfer of title to
 
 4 the motor vehicle until the outstanding assessment is paid or the
 
 5 notice of traffic infraction is otherwise disposed of pursuant to
 
 6 this chapter.]
 
 7      SECTION 11.  Section 291D-11, Hawaii Revised Statutes, is
 
 8 repealed.
 
 9      [[§291D-11]  Time computation.  In computing any period of
 
10 time  prescribed or allowed by this chapter, the day of the act,
 
11 event, or default from which the period of time begins to run
 
12 shall not be included.  The last day of the period so computed
 
13 shall be included, unless it is a Saturday, Sunday, or legal
 
14 holiday in which event the period runs until the end of the next
 
15 day that is not a Saturday, Sunday, or legal holiday.
 
16 Intermediate Saturdays, Sundays, and legal holidays shall be
 
17 included.  Whenever an act required to be performed under this
 
18 chapter may be accomplished by mail, the act shall be deemed to
 
19 have been performed on the date of the postmark on the mailed
 
20 article.]
 
21      SECTION 12.  Section 291D-12, Hawaii Revised Statutes, is
 
22 repealed.
 
23      [§291D-12  Powers of the district court judge sitting in the
 

 


 

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                                     S.B. NO.           
                                                        
                                                        

 
 1 traffic division.  A district court judge sitting in the traffic
 
 2 division and hearing cases pursuant to this chapter shall have
 
 3 all the powers of a district court judge under chapter 604,
 
 4 including the following powers:
 
 5      (1)  To conduct traffic infraction hearings and to impose
 
 6           monetary assessments;
 
 7      (2)  To permit deferral of monetary assessment or impose
 
 8           community service in lieu thereof;
 
 9      (3)  To dismiss a notice of traffic infraction or to set
 
10           aside a judgment for the State;
 
11      (4)  To order temporary driver's license suspension or
 
12           license reinstatement;
 
13      (5)  To order the director of finance not to issue or renew
 
14           the driver's license or to register, renew the
 
15           registration of, or issue title to a motor vehicle of
 
16           any person who has not paid a monetary assessment or
 
17           performed community service in lieu thereof;
 
18      (6)  To issue penal summonses and bench warrants and
 
19           initiate contempt of court proceedings in proceedings
 
20           conducted pursuant to section 291D-13; and
 
21      (7)  To exercise other powers the court finds necessary and
 
22           appropriate to carry out the purposes of this chapter.] 
 

 
Page 23                                                    3202
                                     S.B. NO.           
                                                        
                                                        

 
 1      SECTION 13.  Section 291D-13, Hawaii Revised Statutes, is
 
 2 repealed.
 
 3      [§291D-13  Trial.(a)  If, after proceedings to contest the
 
 4 notice of traffic infraction, a determination is made that a
 
 5 person committed the traffic infraction, the person may request,
 
 6 within thirty days of the determination, a trial pursuant to the
 
 7 rules of penal procedure and rules of the district court,
 
 8 provided that arraignment and plea for such trial shall be held
 
 9 at the time of trial.  If the person requests a trial at the
 
10 conclusion of the proceedings to contest the notice of traffic
 
11 infraction, the court shall provide the person with the trial
 
12 date forthwith.  A notice of traffic infraction shall not be
 
13 adjudicated pursuant to this section until proceedings pursuant
 
14 to section 291D-8 have been completed.
 
15      (b)  The result of the final determination or any admission
 
16 made pursuant to section 291D-6 shall not be admissible in any
 
17 trial conducted pursuant to section 291D-13.]
 
18      SECTION 14.  Section 291D-14, Hawaii Revised Statutes, is
 
19 repealed.
 
20      [[§291D-14]  Rules.(a)  The supreme court may adopt rules
 
21 of procedure for the conduct of all proceedings pursuant to this
 
22 chapter.
 
23      (b)  Chapter 626 shall not apply in proceedings conducted
 

 
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 1 pursuant to this chapter, except for the rules governing
 
 2 privileged communications, and proceedings conducted under
 
 3 section 291D-13.
 
 4      (c)  Notwithstanding section 604-17, while the court is
 
 5 sitting in any matter pursuant to this chapter, the court shall
 
 6 not preserve the testimony or proceedings, except proceedings
 
 7 conducted pursuant to section 291D-13.
 
 8      (d)  The prosecuting attorney shall not participate in
 
 9 proceedings conducted pursuant to this chapter, except
 
10 proceedings pursuant to section 291D-13.
 
11      (e)  Chapter 91 shall not apply in proceedings before the
 
12 court.]
 
13      SECTION 15.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 16.  This Act shall take effect on July 1, 2000.
 
16 
 
17                       INTRODUCED BY:  ___________________________