SB2763

THE SENATE	S.B. NO.	2763
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to traffic safety.

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

SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§286- Traffic schools; certification. (a) The director shall adopt rules pursuant to chapter 91 for the certification of traffic schools for traffic offenders that address facilities, equipment, courses of instruction, instructors, fees, and records of the program. Schools certified by the director pursuant to this section and the rules adopted under it shall be composed of uniform education and training elements designed to create a correcting and lasting effect on traffic offenders. In lieu of assessing penalties for traffic offenses, the court may allow offenders to attend traffic school, pursuant to section 291C- .

(b) A person who attends the state traffic school as provided in this section shall pay a fee, to be established by the director pursuant to subsection (a), to defray the cost of operating the school."

SECTION 2. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291C- Diversion program. (a) A district court shall allow the continuance of a proceeding against any person who receives a summons or citation for a moving violation pursuant to this chapter, in consideration of attendance at a traffic school for traffic violators certified pursuant to section 286- within the time prescribed by the court; provided that:

(1) The offense is not alleged to have been committed within twenty-four months of another offense that was dismissed under this section;

(2) The offense did not result in death or serious physical injury;

(3) At the time of the offense, the person was not driving while under the influence of an intoxicant; and

(4) At the time of the offense, the person possessed a valid driver's license that had not been suspended or revoked.

(b) Upon certification of completion of the traffic school course for a traffic offender, the court shall dismiss the complaint and order that the record of the moving violation be deleted from the person's driving record kept pursuant to section 286-137.

(c) A person who attends a traffic school pursuant to this section shall be assessed a diversion fee in an amount that shall be determined by the supreme court. Payment of the diversion fee shall be accepted in lieu of payment of a civil penalty or criminal fine that is imposed for a traffic violation."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________