HB1646

Report Title:

Traffic Safety; Vehicle Forfeiture

Description:

Permits forfeiture of the vehicle used in speeding, racing on highways, or driving under the influence of an intoxicant. Permits immobilization of the vehicle in the custody of the registered owner by use of a boot device, rather than impoundment by the police, pending outcome of the forfeiture proceeding.

HOUSE OF REPRESENTATIVES	H.B. NO.	1646
TWENTY-THIRD LEGISLATURE, 2005
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TRAFFIC ENFORCEMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 291C-102, Hawaii Revised Statutes, is amended to read as follows:

"§291C-102 Noncompliance with speed limit prohibited. (a) No person shall drive a vehicle at a speed greater than a maximum speed limit and no person shall drive a motor vehicle at a speed less than a minimum speed limit established by county ordinance.

(b) The director of transportation with respect to highways under the director's jurisdiction may place signs establishing maximum speed limits or minimum speed limits. Such signs shall be official signs and no person shall drive a vehicle at a speed greater than a maximum speed limit and no person shall drive a motor vehicle at a speed less than a minimum speed limit stated on such signs.

(c) If the maximum speed limit is exceeded by more than ten miles per hour, a surcharge of $10 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

(d) In addition to the penalties prescribed by section 291C-161 and the surcharge imposed pursuant to subsection (c), the driver's license and privilege to operate a vehicle of a person who violates this section by operating a vehicle at a speed exceeding ninety miles per hour may be ordered revoked by the court for a period not to exceed five years.

(e) In addition to any penalties imposed pursuant to section 291C-161 and the surcharge imposed pursuant to subsection (c), where a person violates this section by operating a vehicle at a speed exceeding the posted speed limit by thirty miles per hour or more, the court may order the vehicle involved in the offense forfeited to the State for disposition pursuant to section 712A-16 if, under the totality of circumstances, including the threat to human life posed by the person's conduct and the person's prior record of traffic offenses, the court determines that forfeiture is necessary to reflect the seriousness of the offense, to deter others from committing the offense, and to prevent the person from repeating the offense; provided that forfeiture of a vehicle owned by a person other than the offender shall be prohibited only if, at the time of the offense, the offender was operating a stolen vehicle.

(f) If a forfeiture action is instituted pursuant to this section, the police need not take custody of the vehicle during the pendency of the proceedings. At the option of the registered owner, the vehicle may be stored at the address at which the vehicle is registered, provided that it is immobilized, at the registered owner's expense, by a wheel boot or other wheel immobilization device that can be released only by the police. If the forfeiture is ordered, the police may seize the vehicle for disposition without a warrant. If the forfeiture is not ordered, the police shall release the wheel immobilization device without delay."

SECTION 2. Section 291C-103, Hawaii Revised Statutes, is amended to read as follows:

"§291C-103 Racing on highways. (a) Except as provided in section 291C-149, no person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, competition, contest, test, or exhibition prohibited by this section.

(b) "Drag race" means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

(c) "Racing" means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.

(d) "Exhibition of speed or acceleration" means the sudden acceleration of a vehicle resulting in the screeching of the vehicle's tires which is done to intentionally draw the attention of persons present toward the vehicle.

(e) Any person who violates this section, except subsection (d), shall be fined not more than $500 or imprisoned not more than six months, or both. Any person who violates subsection (d) shall be fined not more than $500 or be sentenced to perform community service, or both.

(f) Any person who violates this section while operating a vehicle at a speed exceeding the posted speed limit by thirty miles per hour or more shall be subject to a fine of not more than $2,000, a term of imprisonment of not more than one year, or both; provided that the following additional penalties shall also apply:

(1) For an offense that occurs within five years of a prior conviction, a one-year license suspension;

(2) For an offense that occurs within five years of two prior convictions:

(A) A three-year license suspension; and

(B) A vehicle owned by the defendant and used in the commission of the offense which has been used in at least two prior offenses that resulted in convictions may be ordered by the court to be subject to forfeiture under chapter 712A.

(g) In addition to any penalties imposed pursuant to section 291C-161, where a person violates this section by operating a vehicle at a speed exceeding the posted speed limit by thirty miles per hour or more, the court may order the vehicle involved in the offense forfeited to the State for disposition pursuant to section 712A-16 if, under the totality of circumstances, including the threat to human life posed by the person's conduct and the person's prior record of traffic offenses, the court determines that forfeiture is necessary to reflect the seriousness of the offense, to deter others from committing the offense, and to prevent the person from repeating the offense; provided that forfeiture of a vehicle owned by a person other than the offender shall be prohibited only if, at the time of the offense, the offender was operating a stolen vehicle.

(h) If a forfeiture action is instituted pursuant to this section, the police need not take custody of the vehicle during the pendency of the proceedings. At the option of the registered owner, the vehicle may be stored at the address at which the vehicle is registered, provided that it is immobilized, at the registered owner's expense, by a wheel boot or other wheel immobilization device that can be released only by the police. If the forfeiture is ordered, the police may seize the vehicle for disposition without a warrant. If the forfeiture is not ordered, the police shall release the wheel immobilization device without delay."

SECTION 3. Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced as follows without possibility of probation or suspension of sentence:

(1) For the first offense, or any offense not preceded within a five-year period by a conviction for an offense under this section or section 291E-4(a):

(A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

(B) Ninety-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the ninety-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the ninety-day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in substance abuse treatment programs;

(i) Seventy-two hours of community service work;

(ii) Not less than forty-eight hours and not more than five days of imprisonment; or

(iii) A fine of not less than $150 but not more than $1,000; and

(D) A surcharge of $25 to be deposited into the neurotrauma special fund;

(2) For an offense that occurs within five years of a prior conviction for an offense under this section or section 291E-4(a) by:

(A) Prompt suspension of license and privilege to operate a vehicle for a period of one year with an absolute prohibition from operating a vehicle during the suspension period;

(B) Either one of the following:

(i) Not less than two hundred forty hours of community service work; or

(ii) Not less than five days but not more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund;

(3) For an offense that occurs within five years of two prior convictions for offenses under this section or section 291E-4(a):

(A) A fine of not less than $500 but not more than $2,500;

(B) Revocation of license and privilege to operate a vehicle for a period not less than one year but not more than five years;

(C) Not less than ten days but not more than thirty days imprisonment of which at least forty-eight hours shall be served consecutively; and

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(4) Any person eighteen years of age or older who is convicted under this section and who operated a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty-eight hours; provided that the total term of imprisonment for a person convicted under this paragraph and paragraph (1), (2), or (3) shall not exceed thirty days[.];

(5) In addition to any other penalty imposed under this subsection, if a person convicted under subsection (a)(3) or (a)(4), whether on a first or any subsequent offense, had .20 or more grams of alcohol per two hundred ten liters of the person's breath or .20 grams of alcohol per one hundred milliliters or cubic centimeters of blood at the time of the offense, the court may order the vehicle driven by the person forfeited pursuant to chapter 712A; and

(6) If a forfeiture action is instituted pursuant to subsection (b)(5), the police need not take custody of the vehicle during the pendency of the proceedings. At the option of the registered owner, the vehicle may be stored at the address at which the vehicle is registered, provided that it is immobilized, at the registered owner's expense, by a wheel boot or other wheel immobilization device that can be released only by the police. If the forfeiture is ordered, the police may seize the vehicle for disposition without a warrant. If the forfeiture is not ordered, the police shall release the wheel immobilization device without delay."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________