Report Title:

Citations; boating

Description:

Requires an enforcement officer to issue a warning for a moving violation of a boat that does not pose an imminent threat and requires the issuance of a citation for non-moving violations.

HOUSE OF REPRESENTATIVES	H.B. NO.	1884
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to boating.

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

     SECTION 1.  Section 200-26, Hawaii Revised Statutes, is amended to read as follows:

     "§200-26  Arrest or citation.  (a)    Except when required by state law to take immediately before a district judge a person arrested for a violation of any provision of this part, including any rule adopted pursuant to this part, any person authorized to enforce this part, hereinafter referred to as an enforcement officer, upon arresting a person for violation of any provision of this part, including any rule adopted pursuant to this part, [in the discretion of the enforcement officer,] shall [either]:

(1) For moving violations that do not pose an imminent and serious threat to public health or safety, if it is the first such purported violation by an individual, issue to the purported violator a warning citation; or

(2) For non-moving violations that do not pose an imminent and serious threat to public health or safety, issue a citation to the purported violator imposing a fine of not less than $25 and not more than $50, payable to the Department of Land and Natural Resources; or

(3) For all other violations of any provision of this part, in the discretion of the enforcement officer, either;

    [(1)] (A)  Issue to the purported violator a summons or citation, printed in the form described, warning the purported violator to appear and answer to the charge against the purported violator at a certain place and at a time within seven days after such arrest; or

    [(2)] (B) Take the purported violator without unnecessary delay before a district judge.

     (b)  The summons or citation shall be printed in a form comparable to the form of other summonses and citations used for arresting offenders and shall be designed to provide for inclusion of all necessary information.  The form and content of such summons or citation shall be adopted or prescribed by the district courts.

     The original of the summons or citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution for the original and any other copies.

     Summonses and citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.

     (c)  Any person who fails to appear at the place and within the time specified in the summons or citation issued to the person by the enforcement officer, upon the person's arrest for violation of any provision of this part, including any rule adopted pursuant to this part, shall be guilty of a misdemeanor.

     In the event any person fails to comply with a summons or citation issued to that person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against that person and secure the issuance of a warrant for the person's arrest.

     (d)  When a complaint is made to any prosecuting officer of the violation of any provision of this part, including any rule adopted thereunder, the enforcement officer who issued the summons or citation shall subscribe to it under oath administered by another official of the department whose name has been submitted to the prosecuting officer and who has been designated by the chairperson to administer the same."

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

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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