STAND. COM. REP. NO. 1023

Honolulu, Hawaii

RE:    S.B. No. 1529

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 1529, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS,"

begs leave to report as follows:

     The purpose of this measure is to clarify the civil adjudication of civil traffic infractions.

     Specifically, this measure:

     (1)  Establishes that the district court may adjudicate civil

          traffic infractions charged against minors;

     (2)  Applies the civil standard of proof for civil traffic

          infraction trials;

     (3)  Remedies difficulties encountered by certain district

          courts in complying with concurrent scheduling

          requirements for civil and related criminals proceedings

     (4)  Protects a defendant's privilege against self-

          incrimination;

     (5)  Promotes consistency in processing and adjudicating

          moving and non-moving civil traffic infractions; and

     (6)  Permits the use of electronic citations.

     Your Committee received testimony in support of this bill from the Judiciary and from Catrala-Hawaii.

     Your Committee finds that this bill would provide clear, unambiguous, and consistent methods of processing traffic infractions in a more expedient and less burdensome manner, while ensuring protections against self-incrimination for defendants.

     Your Committee amended the bill at the recommendation from the Judiciary and Catrala-Hawaii to remove the car rental companies and the U-drive companies from liability for the violations of their renters.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1529, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1529, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair