STAND. COM. REP. NO. 1486

Honolulu, Hawaii

, 2005

RE: S.B. No. 621

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 S.B. No. 621 entitled:

"A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS,"

begs leave to report as follows:

The purpose of this bill is to improve the processing of traffic infraction cases by:

(1) Eliminating inconsistencies in the adjudication of similar traffic offenses;

(2) Clarifying language that limits court adjudication of traffic infractions involving an accident resulting in personal injury or property damage, to those that also involve a criminal charge; and

(3) Extending the time period for answering a notice of traffic infraction from 15 to 21 days.

The Judiciary testified in support of this bill.

Your Committee has amended this bill by:

(1) Clarifying that no penal sanction that includes imprisonment applies to a traffic infraction;

(2) Clarifying that a person answering a notice of traffic infraction must request a hearing if the person wishes to personally appear before a judge to contest the infraction or explain mitigating circumstances;

(3) Setting forth the notice requirements for a requested hearing on a traffic infraction that does not involve parking;

(4) Repealing the requirement that court mailings of hearing notices for parking cases must be sent within 30 days after the postmarked date of a person's answer to a notice of traffic infraction;

(5) Clarifying that the amount that must be paid for a traffic infraction includes the total amount of any fees, surcharges, costs, or monetary assessments arising from the infraction;

(6) Allowing credit and debit card payments over the Internet or by telephone for admitted traffic infractions;

(7) Changing the effective date to January 1, 2006, except for the following provisions to take effect upon approval of this measure:

(A) Clarifying that no penal sanction that includes imprisonment applies to a traffic infraction; and

(B) Clarifying language that limits court adjudication of traffic infractions involving an accident resulting in personal injury or property damage, to those that also involve a criminal charge;

and

(8) Making technical, nonsubstantive amendments for clarity, consistency, and style.

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 S.B. No. 621, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 621, 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