Establishes a traffic school under the state highway safety council. Allows any person who receives a citation for a moving violation, instead of a fine, to attend state traffic school and have any record of the moving violation excluded from the person's driving record; provided that the violation did not involve DUI or death or serious bodily injury or occur within 24 months of a prior violation dismissed under this section.

A BILL FOR AN ACT

SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§286- State traffic school. (a) The state highway safety council shall establish the state traffic school for traffic offenders. The school shall be composed of uniform education and training elements designed to create a correcting and lasting effect on traffic offenders. The courts, in lieu of assessing penalties for traffic offenses, pursuant to section 291C- , may allow offenders to attend state traffic school.

(b) The state highway safety council shall supervise, operate, and administer the state traffic school and shall adopt rules pursuant to chapter 91 governing facilities, equipment, courses of instruction, instructors, and records of the program.

(c) A person who attends the state traffic school as provided in this section shall be subject to a fee to be established by the state highway safety council to defray the cost of operating the school."

SECTION 2. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291C-   Diversion program. (a) A district court shall allow the continuance of a proceeding against any person who receives a summons or citation for a moving violation pursuant to this chapter, in consideration for attendance at the state traffic school for traffic violators, provided under section 286- , within the time prescribed by the court; provided that:

(b) Upon certification of completion of the state traffic school course for traffic offenders, the court shall dismiss the complaint and order that the department of transportation shall not include any record of the moving violation on the person's driving record.

(c) A person under this section shall be assessed a diversion fee in an amount that shall be determined by the supreme court. Payment of the diversion fee shall be accepted in lieu of payment of a civil penalty or criminal fine that is imposed for a traffic violation."

SECTION 3. Section 286-5, Hawaii Revised Statutes, is amended to read as follows:

"§286-5 State highway safety council. There is established the Hawaii highway safety council. The director of transportation shall serve as its chairperson. The following or their designated representatives shall be members of the council: the chief justice, the attorney general, the director of health, the superintendent of education, the president of the University of Hawaii, the chairperson of each of the county highway safety councils established under section 286-6, and not more than twenty other persons who shall be appointed by the governor on the basis of their interest in highway safety.

The state highway safety council shall [advise]:

The members of the council shall serve without pay but shall be entitled to reimbursement for necessary expenses while attending meetings and while in discharge of their duties."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2006-2007, for the state highway safety council for the establishment, operation, and administration of the state traffic school.

The sum appropriated shall be expended by the department of transportation for the purposes of this Act.

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; provided that section 4 shall take effect on July 1, 2006.