SB1574

SECTION 1. The purpose of this Act is to switch the State's burden of proof in driving without a license cases and to place that burden upon the defendant. This Act is necessary due to a decision by the Hawaii intermediate court of appeals in State v. Matautia, 81 Haw. 76, 82 (1996) that interpreted the law in a way that was not intended by the legislature. The court ruled that in a driving without a license case, the State must prove that the defendant:

(1) Operated any category of motor vehicle in section 286-102;

(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 State must prove, among other issues, that a person eighteen years old or older who is charged with driving without a license, did not possess a valid driver's license from another accepted jurisdiction. Retrieving this information is very difficult because there is no available network that links the driver license databases for all accepted jurisdictions including the United States or the provinces or states in Canada or Mexico. Thus, inquiries to all of the individual states or provinces must be done separately. Given that each year there are over seventeen thousand driving without a license cases statewide, and over eleven thousand driving without a license cases in the city and county of Honolulu alone, there is insufficient time and resources to send inquiries to all of these jurisdictions in each and every driving without a license case. Besides, the legislature never intended that the burden of proof lie with the State in this regard.

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

The purpose of this Act is to correct an unintentional consequence of the driving without a license law to more appropriately place the burden of proof in such cases upon 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~~~~. The following persons are exempt from license:~~] Affirmative defenses. 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

(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 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 amendments to section 286-102, Hawaii Revised Statutes, under this Act shall be retained after the section is reenacted on January 9, 2011 pursuant to Act 72, Session Laws of Hawaii 2005.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1574
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII