Report Title:

Highway Racing; Vehicle Forfeiture

Description:

Allows courts the option of imposing the penalty of vehicle forfeiture of a vehicle used by a defendant in the commission of the offense of street racing if a person is convicted for a first offense.

HOUSE OF REPRESENTATIVES	H.B. NO.	2060
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to transportation.

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

     SECTION 1.  Section 291C-103, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     " (f)  Any person who violates this section while operating a vehicle at a speed exceeding the posted speed limit by thirty miles per hour or more shall be subject to a fine of not more than $2,000, a term of imprisonment of not more than one year, or both, and any vehicle owned by the defendant and used in the commission of the offense shall be subject to forfeiture under chapter 712A; provided that the following additional penalties shall also apply:

(1) For an offense that occurs within five years of a prior conviction, a one-year license suspension; and

(2) For an offense that occurs within five years of two prior convictions[:

(A) A], a three-year license suspension[; and].

[B) A vehicle owned by the defendant and used in the commission of the offense which has been used in at least two prior offenses that resulted in convictions may be ordered by the court to be subject to forfeiture under chapter 712A.]"

     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  Statutory material to be repealed is bracketed and stricken.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:

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