STAND. COM. REP. NO.252

Honolulu, Hawaii

, 2001

RE: S.B. No. 1599

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Transportation, Military Affairs and Government Operations and Judiciary, to which was referred S.B. No. 1599 entitled:

"A BILL FOR AN ACT RELATING TO PENALTIES AND PROCEDURES ON ARREST,"

beg leave to report as follows:

The purpose of this measure is to provide criminal penalties for the refusal by any driver of a motor vehicle or moped to provide identification upon being stopped for a traffic infraction or offense.

Your Committees received testimony in support of this measure from the Honolulu Police Department and the Honolulu Department of the Prosecuting Attorney.

Your Committees find that when a police officer stops a driver for a suspected traffic infraction, the officer is limited to issuing a citation or summons. Your Committees further find that persons stopped for traffic offenses sometimes refuse to give their names, or give false names to avoid receiving a citation or summons.

In such cases, your Committees believe that a police officer should have the power to arrest a person who refuses to provide accurate information regarding their identity. This will lead to more effective law enforcement. By knowing the person's true identity the officer can check for outstanding arrest warrants. In addition, the officer can ensure that the proper person receives the citation and summons.

Your Committees made a technical amendment to section three of this measure, to accurately reflect the wording of the Hawaii Revised Statutes.

As affirmed by the records of votes of the members of your Committees on Transportation, Military Affairs and Government Operations and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1599, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1599, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Transportation, Military Affairs and Government Operations and Judiciary,

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BRIAN KANNO, Chair

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CAL KAWAMOTO, Chair