Report Title:
Pedestrian Safety
Description:
Increases the penalties for motorists who violate Hawaii's crosswalk law. Effective on approval. (SD2)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2422 |
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TWENTY-THIRD LEGISLATURE, 2006 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO HIGHWAY SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291C-161, Hawaii Revised Statutes, is amended to read as follows:
"§291C-161 Penalties. (a) It is a violation for any person to violate any of the provisions of this chapter except as otherwise specified in [subsection] subsections (c) and (d) of this section and unless the violation is by other law of this State declared to be a felony, misdemeanor, or petty misdemeanor.
(b) Except as provided in [subsection] subsections (c) and (d) every person who [violates] fails to comply with any provision of this chapter for which another penalty is not provided shall be fined:
(1) Not more than $200 for a first [conviction] failure to comply thereof;
(2) Not more than $300 for [conviction of] a second [offense committed] failure to comply within one year after the date of the first offense; and
(3) Not more than $500 for [conviction of] a third or subsequent [offense committed] failure to comply within one year after the date of the first offense;
provided that upon a conviction for a violation of section 291C-12, 291C-12.5, 291C-12.6, or 291C-95, the person shall be sentenced in accordance with that section.
(c) Every person who violates section 291C-13 or 291C-18 shall:
(1) Be fined not more than $200 or imprisoned not more than ten days for a first conviction thereof;
(2) Be fined not more than $300 or imprisoned not more than twenty days or both for conviction of a second offense committed within one year after the date of the first offense; and
(3) Be fined not more than $500 or imprisoned not more than six months or both for conviction of a third or subsequent offense committed within one year after the date of the first offense.
(d) Every person who fails to comply with section 291C-72(a) or (d), shall be liable as follows:
(1) For a first failure to comply, a fine of not less than $150 and revocation of license and privilege to operate a vehicle for a period not less than ninety days;
(2) For a second failure to comply, a fine of not less than $300 and revocation of license and privilege to operate a vehicle for a period not less than one-hundred and eighty days; and
(3) For a third or subsequent failure to comply within one year of the date of the second failure to comply, a fine of not less than $1000, revocation of license and privilege to operate a vehicle for a period of one year, and thirty days imprisonment.
[(d)] (e) The court may assess a sum not to exceed $50 for the cost of issuing a penal summons upon any person who fails to appear at the place within the time specified in the citation issued to the person for any traffic violation.
[(e)] (f) The court may require a person who violates any of the provisions of this chapter to attend a course of instruction in driver retraining as deemed appropriate by the court, in addition to any other penalties imposed.
(g) The requirement to provide proof of financial responsibility pursuant to section 287-20 shall not apply to revocation under subsection (d), however, the court may set an appropriate amount to be paid by the defendant as proof of financial responsibility for the reinstatement of the dependant's license and privilege to operate a vehicle."
SECTION 2. Section 287-20, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Whenever a driver's license has been suspended or revoked:
(1) Pursuant to section 291E-65 or part III of chapter 291E, except as provided in section 291E-41(f);
(2) Upon a conviction of any offense pursuant to law; or
(3) In the case of minors, pursuant to part V of chapter 571,
the license shall not at any time thereafter be issued to the person whose license has been suspended or revoked, nor shall the person thereafter operate a motor vehicle, unless and until the person has furnished and thereafter maintains proof of financial responsibility; provided that this section shall not apply to a license suspended pursuant to [section] sections 291C-161(d), 291E-61(b)(1) or 291E-64(b)(1), any conviction of a moving violation, any administrative license suspension pursuant to chapter 291A, or the first conviction within a five-year period for driving without a valid motor vehicle insurance policy.
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.