Report Title:

Traffic Offenses; Penalties

Description:

Imposes enhanced penalty for committing offense of child passenger restraint for second and third or subsequent offenses, and for offense of motor vehicle alarm systems for a third offense within a five-year period. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

502

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

S.D. 1

 

A BILL FOR AN ACT

 

RELATING TO TRAFFIC OFFENSES REQUIRING IMPOSITION OF INCREASED PENALTIES FOR SUBSEQUENT OFFENSES.

 

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

SECTION 1. Section 291-11.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Violation of this section shall be considered an offense as defined under section 701-107(5) and shall subject the violator to the following penalties:

(1) For a first conviction, the person shall:

(A) Be fined not more than $100;

(B) Be required by the court to attend a child passenger restraint system safety class conducted by the division of driver education; provided that:

(i) The class may include video conferences as determined by the administrator of the division of driver education as an alternative method of education; and

(ii) The class shall not exceed four hours;

(C) Pay a $50 driver education assessment as provided in section 286G-3; and

(D) Pay a $10 surcharge to be deposited into the neurotrauma special fund;

(2) For a conviction of a second offense, the person shall:

(A) Be fined not less than $100 but not more than $200;

(B) Be required by the court to attend a child passenger restraint system safety class not to exceed four hours in length conducted by the division of driver education if the person has not previously attended such a class;

(C) Pay a $50 driver education assessment as provided in section 286G-3 if the person has not previously attended a child passenger restraint system safety class conducted by the division of driver education; and

(D) Pay a $10 surcharge to be deposited into the neurotrauma special fund;

and

(3) For a conviction of a third or subsequent offense[,] committed within three years of any other conviction under this section, the person shall:

(A) Be fined not less than $200 but not more than $500;

(B) Be required by the court to attend a child passenger restraint system safety class not to exceed four hours in length conducted by the division of driver education if the person has not previously attended such a class;

(C) Pay a $50 driver education assessment as provided in section 286G-3 if the person has not previously attended a child passenger restraint system safety class conducted by the division of driver education; and

(D) Pay a $10 surcharge to be deposited into the neurotrauma special fund."

SECTION 2. Section 291-24.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) If a motor vehicle alarm system installed in a motor vehicle is activated and emits a sound for more than five continuous minutes, the registered owner of the motor vehicle shall be fined not more than $100; provided that after the third violation[,] within a five-year period, the fine shall be:

(1) $250 for the fourth violation;

(2) $375 for the fifth violation; and

(3) $500 for a sixth or subsequent violation."

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.