Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 1121 entitled:

begs leave to report as follows:

The purpose of this measure is to clarify procedures when a driver is detained for a traffic violation by a police officer.

Testimony in support of this measure was received from the Honolulu Police Department and Honolulu Prosecuting Attorney. Testimony in opposition was received from the Office of the Public Defender.

This measure provides criminal penalties for the driver of a motor vehicle or moped for refusing to provide identification when detained for a violation of chapter 286, Hawaii Revised Statutes (HRS), relating to highway safety, chapter 291, HRS, relating to traffic violations, and chapter 291C, HRS, relating to the Statewide Traffic Code.

Police officers are generally limited in traffic enforcement to issuing citations or summonses. When doing so, an officer must attempt to accurately identify the person. If the person refuses to provide any identification, the officer must rely on verbal information given by that person. Such information can be misleading, but there is no penalty for refusing to give proof of identity. This measure closes the loophole by providing for a fine of $200 or imprisonment of not more than ten days, or both. Your Committee finds that the penalty is justified and reasonable.

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. 1121 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.