HB1205 HD1

SECTION 1. Section 287-3, Hawaii Revised Statutes, is amended to read as follows:

"§287-3 Furnishing of operating records. (a) The traffic violations bureaus of the district courts, upon request, shall furnish to any person a certified abstract of the bureaus' record, if any, of any person [relating to all alleged moving violations and any convictions resulting therefrom, arising from the operation of a motor vehicle and any administrative license revocation pursuant to chapter 291E, part III and chapter 286, part XIV, as it was in effect on or before December 31, 2001.] The abstract shall report all:

(1) Unadjudicated allegations against the person for infractions or offenses arising from the operation of a motor vehicle;

(2) Infractions or offenses arising from the operation of a motor vehicle that the person was adjudged to have committed and for which penalties imposed against the person have not been fully satisfied;

(3) Infractions or offenses arising from the operation of a motor vehicle that the person was adjudged to have committed and for which penalties imposed against the person have been fully satisfied, for a period of three years from the date of satisfaction; except that drug- or alcohol-related offenses arising from the operation of a motor vehicle that the person was adjudged to have committed shall be reported for a period of ten years from the date of satisfaction;

(4) Judgments permanently revoking the person's driver's license;

(5) Administrative revocations of the person's driver's license pursuant to chapter 291E, part III; and

(6) Administrative revocations of the person’s driver’s license pursuant to chapter 286, part XIV, as it was in effect on or before December 31, 2001.

Penalties imposed against a person for an infraction or offense arising from the operation of a motor vehicle, whether civil or criminal, are fully satisfied when all court-ordered fines, fees, surcharges, costs, or monetary assessments imposed against the person for the infraction or offense have been paid and all court-ordered non-monetary sanctions have been complied with.

(b) For any abstract furnished, the traffic violations bureaus may collect a fee, not to exceed $7, of which $5 shall be deposited into the general fund and $2 shall be deposited into the judiciary computer system special fund.

[~~(b)~~] (c) Notwithstanding any provision to the contrary, all [~~alleged moving violations~~] allegations against a person for infractions or offenses arising from the operation of a motor vehicle, as well as any convictions [~~resulting therefrom~~], adjudications that the person committed the infractions or offenses, or [~~any~~] administrative [~~license suspension~~] suspensions of the person's driver's license resulting therefrom pursuant to chapter 291A, shall not be included in a certified abstract of the bureaus' record.

(d) In determining whether an infraction or offense arises from the operation of a motor vehicle, the statutory definition of "motor vehicle" shall be applicable to the particular infraction or offense."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on January 1, 2008.

HOUSE OF REPRESENTATIVES	H.B. NO.	1205
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII