STAND. COM. REP. 1109
Honolulu, Hawaii
, 2003
RE: S.B. No. 85
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Transportation, to which was referred S.B. No. 85 entitled:
"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"
begs leave to report as follows:
The purpose of this bill is to increase the safety of public roadways by strengthening Hawaii's street racing law. Specifically, this bill authorizes the courts to order that a vehicle owned by the defendant, or by the defendant's parents or legal guardians if the defendant is a minor, be forfeited if the defendant was convicted of street racing within five years of the current offense.
The Department of Transportation testified in support of the intent of this measure. The Honolulu Police Department (HPD) and Office of the Public Defender testified in opposition to this measure.
Street racing is a serious threat to the health, safety, and welfare of other users of public roadways. Your Committee finds that current street racing laws have not deterred street racing, and that an increased penalty of forfeiture of a vehicle may act as a stronger deterrent to this type of activity.
Although your Committee understands the concerns raised by HPD regarding the costs and liability associated with the storage and automotive care of the forfeited vehicle, the risks associated with street racing and the dangers this activity pose to the public far outweigh these concerns. Further, your Committee notes that driving under the influence of an intoxicant is also a serious offense that warrants the same penalties afforded to street racing offenses. However, your Committee is cognizant of the difficulties HPD has experienced in enforcing this law due to the difficulty of proving that a street racer was exceeded the speed limit by 30 miles per hour.
Accordingly, this measure has been amended by:
(1) Deleting the requirement that a vehicle be traveling at a speed in excess of the posted speed limit by 30 miles per hour or more in order to be found in violation of the street racing law; and
(2) Inserting language clarifying that a person committing the offense of driving under the influence of an intoxicant, that occurs within five years of a prior conviction, shall perform not less than 30 days of community service work;
(3) Inserting language clarifying that a person committing the offense of driving under the influence of an intoxicant, that occurs within five years of two prior convictions, shall perform not less than 60 days of community service work;
(4) Inserting language clarifying that a person committing the offense of driving under the influence of an intoxicant, that occurs within five years of a prior conviction, shall be subject to forfeiture of any motor vehicle operated at the time of the offense, provided that the person convicted is the registered owner of the vehicle; and
(5) Inserting language clarifying that a person committing the offense of driving under the influence of an intoxicant or first degree negligent homicide that occurs within ten years of three or more prior convictions, shall be subject to forfeiture of any motor vehicle operated at the time of the offense, provided that the person convicted is the registered owner of the vehicle.
Other technical, nonsubstantive amendments were made for purposes of clarity, consistency, and style.
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 S.B. No. 85, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 85, H.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Transportation,
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____________________________ JOSEPH M. SOUKI, Chair |
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