Report Title:

Driver Licensing

 

Description:

Specifies that proof that a defendant possessed an out-of-state driver's license is an affirmative defense to the charge of driving without a license, that must be proved by the defendant.  Repeals statutory cross-reference to an exemption to relieve the burden of proof on prosecutors.  (SD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1159

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to driver licensing.

 

 

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

 

     SECTION 1.  The purpose of this Act is to address a decision by the Hawaii intermediate court of appeals that would make it difficult, if not impossible, for the State to prove that the defendant drove without a license.  The Hawaii intermediate court of appeals in State v. Matautia, 81 Haw. 76 (1996), interpreted the law in a way that was not intended by the legislature.  The court ruled that in a case involving driving without a license, the State must prove that the defendant:

     (1)  Operated any category of motor vehicle in section 286-102, Hawaii Revised Statutes;

     (2)  Was not first "appropriately examined and duly licensed as a qualified driver of the category of motor vehicles"; and

     (3)  Was not excepted by statute from driver's licensing requirements.

     As a practical matter, the decision required the State to prove, among other issues, that the defendant did not possess a valid driver's license from another accepted jurisdiction.  However, retrieving this information is very difficult because there is no available network that links the driver's license databases for all accepted jurisdictions, including the United States or the provinces or states of Canada or Mexico.  Thus, inquiries to all of the individual states or provinces must be conducted separately.  Given that each year, there are over seventeen thousand cases involving driving without a license statewide, and over eleven thousand cases involving driving without a license in the city and county of Honolulu alone, there are insufficient time and resources to send inquiries to all of these jurisdictions in each and every case involving driving without a license.  The legislature did not intend that the burden of proof lie with the State in this manner.

     The inability of the State to prove that a motorist is not validly licensed in other jurisdictions has markedly raised the number of motorists found not guilty of driving without a license and adversely affects the State's efforts to promote traffic safety on Hawaii's roadways.

     The purpose of this Act is to relieve the prosecutors of a burden of proof on possession of an out-of-state license, and to provide that possession of an out-of-state license is an affirmative defense that is available to the defendant after the State proves that the defendant did not possess a valid Hawaii's driver's license as required by state law.

     SECTION 2.  Section 286-102, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a) No person, except [one exempted under section 286‑105,] one who holds an instruction permit under section 286‑110, one who holds a provisional license under section 286‑102.6, one who holds a commercial driver's license issued under section 286‑239, or one who holds a commercial driver's license instruction permit issued under section 286‑236, shall operate any category of motor vehicles listed in this section without first being appropriately examined and duly licensed as a qualified driver of that category of motor vehicles."

     SECTION 3.  Section 286-105, Hawaii Revised Statutes, is amended to read as follows:

     "§286-105  What persons are exempt from license[.]; affirmative defense.  The following persons are exempt from license[:]; provided that it shall be an affirmative defense to a violation of section 286-102 that the person:

     (1)  [Any person while] Was driving or operating a motor vehicle in the service or employ of any branch or agency of the federal government; provided that the person has received a license or permit from the branch or agency to operate and drive the motor vehicle; provided further that the branch or agency has been duly authorized by the federal government to issue the license or permit;

     (2)  [Any person while] Was driving or operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway; provided that no person under the age of thirteen years shall be permitted to drive or operate any such road machine, farm tractor, or implement of husbandry on a highway;

     (3)  [Any person who is] Was at least eighteen years of age and [who has] had in the person's possession a valid driver's license to drive the categories of motor vehicles listed in section 286-102(b), except section 286-102(b)(4), that is equivalent to a driver's license issued in this State but was issued to the person in another state of the United States, the Commonwealth of Puerto Rico, United States Virgin Islands, American Samoa, Guam, a province of [the Dominion of] Canada, or the Commonwealth of the Northern Mariana Islands for that category of motor vehicle which the person is operating;

     (4)  [Any person who has] Had in the person's possession a valid commercial motor vehicle driver's license issued by any state of the United States, Mexico, or a province of [the Dominion of] Canada that issues licenses in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver's licenses; [and] or

     (5)  [Any person who drives or operates] Did drive or operate a state or county motor [vehicles] vehicle while employed by, in the service of, or volunteering for the state or county fire departments[,]; provided that [they are] the person was trained and certified to drive category (4) motor vehicles as set forth in section 286-102(b)(4) by the state or county government, as appropriate[, and]; provided further that the person maintains a category (3) license as set forth in section 286-102(b)(3)."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     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 the amendments in this Act to section 286-102(a), Hawaii Revised Statutes, shall not be repealed when that section is reenacted on January 9, 2011, pursuant to Act 72, Session Laws of Hawaii 2005.