Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred S.B. No. 2026 entitled:

begs leave to report as follows:

The purpose of this measure is to require the forfeiture of a vehicle used in the commission of a street racing offense, if the offense occurs within five years of one or more prior convictions.

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

This measure is intended to remove the instrumentality of the commission of street racing, which is the car itself. Your Committee finds that vehicle forfeiture is a vital and necessary tool to enforce the law, and to deter repeated street racing by persons who are compelled to gratify their need for speed. Without a forfeiture law, stiff criminal penalties may not be sufficient. Drag racers would rather chance being caught and just get off with a fine than not race at all. Forfeiture of the vehicle, however, has a significantly stronger deterrent effect.

Your Committee has amended this measure by clarifying the basis of the forfeiture.

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. 2026, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2026, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.