STAND

STAND. COM. REP. NO.2765

Honolulu, Hawaii

, 2002

RE: S.B. No. 2487

S.D. 2

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2487, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE TRAFFIC CODE,"

begs leave to report as follows:

The purpose of this measure is to provide for traffic penalties for drivers violating pedestrian laws, and to require drivers to stop for pedestrians.

Your Committee received testimony in support of the measure from the Department of Transportation and the Honolulu Police Department (HPD). The Public Defender provided comments.

This measure requires motorists to stop for a pedestrian crossing the street within a crosswalk or intersection, and provides for fines and imprisonment for violators of pedestrian traffic laws. Current law requires that motorists yield the right of way and to stop if necessary.

Your Committee finds that the increasing number of pedestrian injuries and fatalities in Hawaii is a serious concern. This measure clarifies and strengthens the pedestrian laws to alleviate this growing problem by requiring that motorists stop rather than yield for pedestrians.

Your Committee has amended this measure by:

(1) Decreasing the penalties from 10 days to 1 day, from 20 days to 2 days, and from six months to 3 days, based upon the testimony of the HPD that the main reason to have imprisonment time is to authorize the police officer at the scene to make an arrest; and

(2) Deleting reference to pedestrians having to physically indicate their intent to cross, because this is too subjective for interpretation by a driver.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2487, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2487, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

		____________________________ BRIAN KANNO, Chair