Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 2337 entitled:

begs leave to report as follows:

The purpose of this measure is to provide enhanced penalties, including vehicle forfeiture for third offenses, for persons convicted of reckless driving or racing on highways.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu, the Honolulu City and County Police Department, the Maui County Police Department, the Hawaii County Police Department, and a concerned citizen. The Office of the Public Defender submitted testimony in opposition to this measure.

Your Committee finds that racing on our highways has become an increasingly common problem in Hawaii. The number of speed and racing related accidents and fatalities is far too high, and your Committee believes that harsher penalties may be an appropriate deterrent.

Therefore, your Committee supports this measure, which provides enhanced penalties for persons convicted of racing on a highway. Under this measure there are separate, stepped-up penalties for first, second, and third offenses. In addition, this measure, as referred to your Committee, provides for vehicle forfeiture for persons convicted of reckless driving.

Your Committee amended this measure to insert a vehicle forfeiture provision for persons convicted of racing on highways for a third time, and to amend the vehicle forfeiture provision proposed for persons convicted of reckless driving so that forfeiture will only occur upon a third reckless driving offense.

Your Committee finds that vehicle forfeiture should be included as one of the penalties for racing on highways, as an additional deterrent. At the same time, your Committee believes that vehicle forfeiture is a drastic state action that should be reserved for third offenders in all cases.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2337, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2337, S.D. 1, and be referred to the Committee on Judiciary.