Report Title:

Relating to pedestrian safety

Description:

Establishes enhanced sentencing for drivers who violate the right of way of pedestrians within crosswalks.

THE SENATE	S.B. NO.	1508
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PEDESTRIAN 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 subsections (c) [and], (d), and (e) or unless the violation is by other law of this State declared to be a felony, misdemeanor, or petty misdemeanor.

     (b)  Except as provided in subsections (c) [and], (d), and (e), every person who violates any provision of this chapter for which another penalty is not provided shall be fined:

     (1)  Not more than $200 for a first conviction thereof;

     (2)  Not more than $300 for conviction of a second offense committed 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 within one year after the date of the first offense.

     (c)  Every person convicted of violating section 291C-12, 291C-12.5, 291C-12.6, 291C-95 or 291C-105 shall be sentenced in accordance with those sections.

     (d)  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.

(e)  Every person who violates section 291C-72(a) or (d), shall be sentenced as follows without the possibility of probation or suspension of sentence:

(1)  For a first conviction thereof, to 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 conviction of a second offense committed within one year of the date of a conviction for a first offense, to 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 conviction of a third or subsequent offense committed within one year of the date of a conviction for a second offense, to a fine of not less than $1,000, revocation of license and privilege to operate a vehicle for a period of one year, and thirty days imprisonment.

     [(e)] (f)  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.

     [(f)] (g)  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."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST