STAND. COM. REP. NO. 135

Honolulu, Hawaii

, 2005

RE: H.B. No. 502

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 502 entitled:

"A BILL FOR AN ACT RELATING TO TRAFFIC OFFENSES REQUIRING IMPOSITION OF INCREASED PENALTIES FOR SUBSEQUENT OFFENSES,"

begs leave to report as follows:

The purpose of this bill is to limit the period of time during which a prior conviction may be considered for purposes of enhancing penalties for subsequent offenses as follows:

(1) Three years for offenses involving child passenger restraints under section 291-11.5, Hawaii Revised Statutes (HRS);

(2) One year for offenses under sections 291-25 to 291-32, HRS, involving violations relating to motor vehicle lights; and

(3) Five years for offenses under section 291-24.6, HRS, involving motor vehicle alarms.

The Judiciary testified in support of this bill.

Your Committee finds that this bill addresses the imposition of penalties for certain motor vehicle offenses by making them easier to apply and fairer to the violators, who would potentially

face much stiffer fines for a relatively minor second offense. This bill also allows the Judiciary to avoid indefinite record-keeping requirements for these offenses.

Your Committee has amended this bill by:

(1) Adding a savings clause; and

(2) Making technical, nonsubstantive changes for style, clarity, and consistency.

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 H.B. No. 502, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 502, H.D. 1, and be placed on the calendar for Third Reading.

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

 

____________________________

SYLVIA LUKE, Chair