Report Title:

Highway Safety; Inattention to Driving; Driving While Intoxicated; Speed

Description:

Amends various sections of HRS to increase penalties and fines for violations under inattention to driving, speeding; and driving while intoxicated.

THE SENATE	S.B. NO.	2461
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to highway safety.

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

     SECTION 1.  The legislature finds that Hawaii's increasingly crowded streets and highways, as well as growing numbers of people who speed, drive while intoxicated, or drive recklessly, all contribute to making the driving environment a danger to other drivers and pedestrians.  This is not only dangerous for all, but frustrating for those who choose to abide by Hawaii's highway safety laws and witness violators who receive often minimal penalties for breaking the laws.

     The legislature further finds that by increasing the penalties and fines for inattention to driving, speeding, and driving while intoxicated, government sends the message that unsafe behavior on our roads is unacceptable.  If violators must pay a higher price for breaking the law, perhaps it will deter people from making poor choices.

     The purpose of this Act is to increase penalties and fines for violations under inattention to driving, speeding; and driving while intoxicated.

     SECTION 2.  Section 291-2, Hawaii Revised Statutes, is amended to read as follows:

"§291-2  Reckless driving of vehicle or riding of animals; penalty.  Whoever operates any vehicle or rides any animal recklessly in disregard of the safety of persons or property is guilty of reckless driving of vehicle or reckless riding of an animal, as appropriate, and shall be fined not more than [$1,000] $2,000 or imprisoned not more than thirty days, or both."

     SECTION 3.  Section 291-3.1, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Any person violating this section shall be fined not more than [$2,000] $4,000 or imprisoned not more than thirty days, or both."

     SECTION 4.  Section 291-12, Hawaii Revised Statutes, is amended to read as follows:

"§291-12  Inattention to driving.  Whoever operates any vehicle without due care or in a manner as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle or other property shall be fined not more than [$500] $1,000 or imprisoned not more than thirty days or both."

     SECTION 5.  Section 291C-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  If the maximum speed limit is exceeded by more than ten miles per hour, a surcharge of [$10] $20 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund."

     SECTION 6.  Section 291C-103, Hawaii Revised Statutes, is amended by amending subsections (e) and (f) to read as follows:

     "(e)  Any person who violates this section, except subsection (d), shall be fined not more than [$500] $1,000 or imprisoned not more than six months, or both.  Any person who violates subsection (d) shall be fined not more than [$500] $1,000 or be sentenced to perform [community service,] restitution in the community, or both.

(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,] $4,000, a term of imprisonment of not more than one year, or both; 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] three-year license suspension;

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

(A) A [three-year] six-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 7.  Section 291C-104, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Any person who violates this section shall be fined [$250.] $500."

     SECTION 8.  Section 291C-105, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Any person who violates this section shall be guilty of a petty misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:

     (1)  For a first offense not preceded by a prior conviction for an offense under this section in the preceding five years:

         (A)  A fine of not less than [$500] $1,000 and not more than [$1,000;] $2,000;

         (B)  [Thirty-day] Sixty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the [thirty-day] sixty-day prompt suspension of license, a minimum [fifteen-day] thirty‑day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the [thirty-day] sixty‑day period, a restriction on the license that allows the person to drive for limited work‑related purposes;

         (C)  Attendance in a course of instruction in driver retraining;

         (D)  A surcharge of [$25] $50 to be deposited into the neurotrauma special fund;

         (E)  An assessment for driver education pursuant to section 286G-3; and

         (F)  Either one of the following:

              (i)  Thirty-six hours of [community service work;] restitution in the community; or

             (ii)  Not less than forty-eight hours and not more than five days of imprisonment;

     (2)  For an offense that occurs within five years of a prior conviction for an offense under this section, by:

         (A)  A fine of not less than [$750] $1,500 and not more than [$1,000;] $2,000;

         (B)  Prompt suspension of license and privilege to operate a vehicle for a period of [thirty] sixty days with an absolute prohibition from operating a vehicle during the suspension period;

         (C)  Attendance in a course of instruction in driver retraining;

         (D)  A surcharge of [$25] $50 to be deposited into the neurotrauma special fund;

         (E)  An assessment for driver education pursuant to section 286G-3; and

         (F)  Either one of the following:

              (i)  Not less than one hundred twenty hours of [community service work;] restitution in the community; or

             (ii)  Not less than five days but not more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively; and

     (3)  For an offense that occurs within five years of two prior convictions for offenses under this section, by:

         (A)  A fine of [$1,000;] $2,000;

         (B)  Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than [one year;] two years;

         (C)  Attendance in a course of instruction in driver retraining;

         (D)  No fewer than ten days but no more than thirty days of imprisonment of which at least forty‑eight hours shall be served consecutively;

         (E)  A surcharge of [$25] $50 to be deposited into the neurotrauma special fund; and

         (F)  An assessment for driver education pursuant to section 286G-3."

     SECTION 9.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 10.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 11.  This Act shall take effect upon its approval.

INTRODUCED BY:

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