STAND. COM. REP. NO.  244

Honolulu, Hawaii

                , 2009

RE:   H.B. No. 1159

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B. No. 1159 entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAY SAFETY,"

begs leave to report as follows:

     The purpose of this bill is to increase highway safety by establishing graduated sentencing provisions for the offense of reckless driving of a vehicle.

     The Department of Transportation (DOT) testified in support of this bill.  The Office of the Public Defender (OPD) testified in opposition to this measure.  The Judiciary submitted comments.

     In recent years, the number of incidents involving reckless driving on Hawaii's roadways has increased.  According to Hawaii's Judicial Information Management System, there were 972 and 963 citations issued statewide for reckless driving in 2007 and 2008, respectively.  In addition, DOT reported that the Fatality Analysis Reporting System indicated that 398 fatal motor vehicle crashes occurred in Hawaii from 2005 through 2007, with 34 per cent of those crashes attributed to characteristics of reckless driving.

Your Committee finds that reckless drivers not only endanger their own safety but the safety of all roadway users, including bicyclists and pedestrians.  Establishing a graduated sentencing structure for the offense of reckless driving of a vehicle will serve as a deterrent to this type of behavior.

     However, your Committee understands the concerns raised by OPD that the sentencing provisions may be too stringent and severe for first-time offenders and respectfully requests the Committee on Judiciary to review these concerns as this bill makes its way through the legislative process.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1159 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation,

____________________________

JOSEPH M. SOUKI, Chair