Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 1843 entitled:

begs leave to report as follows:

The purpose of this bill is to increase traffic safety. Specifically, this bill amends the offense of negligent homicide in the second degree to include operating a vehicle at a speed of more than 30 miles per hour over the maximum speed limit which results in the death of another.

The Department of Transportation testified in support of this measure. The Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department, and Office of the Public Defender opposed this measure.

Speeding contributes to the frequency and severity of motor vehicle crashes since there is less time to react and less time to stop. Too many tragedies on Hawaii's roadways have been attributed to speed and this measure will help curb such extreme speeding in Hawaii.

However, Your Committee understands the concerns that current language in this measure may be misinterpreted in such a way that motor vehicle crashes in which a driver was speeding at less than 30 miles per hour over the maximum speed limit may not constitute negligent homicide even if the individual was operating the vehicle in a negligent manner.

Accordingly, your Committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1843, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1843, H.D. 1, and be referred to the Committee on Judiciary.