HOUSE OF REPRESENTATIVES	H.B. NO.	1666
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE PENAL CODE.

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

     SECTION 1.  Section 707-700, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Public highway" shall have the same meaning as in section 264-1.

     "Street" shall have the same meaning as in section 291C-1.

"Vulnerable user" means:

(1) A pedestrian legally within a street or public highway;

(2) A roadway worker actually engaged in work upon a street or public highway or in work upon utility facilities along a street or public highway, or engaged in the provision of emergency services within a street or public highway, including but not limited to:

(A) Construction and maintenance workers; and

(B) Police, fire, and other emergency responders; or

(3) A person legally operating any of the following within the street or public highway:

(A) A bicycle;

(B) A moped;

(C) An electric personal assistive mobility device; or

(D) A wheelchair conveyance or other personal mobility device."

     SECTION 2.  Section 706-600.5, Hawaii Revised Statutes, is amended to read as follows:

     "§706-600.5  Definitions of terms in this chapter.  In this chapter, unless a different meaning plainly is required:

     "Day" means a twenty-four-hour period of time.

     "Month" means a thirty-day period of time.

     "Secure drug treatment facility" means a facility employing security protocols modeled after a minimum-security detention center, including continuous direct supervision.

"Vulnerable user" shall have the same meaning as in section 707-700.

     "Year" means a three hundred sixty-five-day period of time."

     SECTION 3.  Section 707-703, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Negligent homicide in the second degree is a class C felony[.]; provided that if the person whose death is caused by the operation of a vehicle in a negligent manner is a vulnerable user, negligent homicide in the second degree is a class B felony."

     SECTION 4.  Section 707-704, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

     "(3)  Negligent homicide in the third degree is a misdemeanor[.]; provided that if the person whose death is caused by the operation of a vehicle in a manner which is simple negligence is a vulnerable user, negligent homicide in the third degree is a class C felony."

     SECTION 5.  Section 707-706, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Negligent injury in the second degree is a misdemeanor[.]; provided that if the person whose substantial injury is caused by the operation of a motor vehicle in a negligent manner is a vulnerable user, negligent injury in the second degree is a class C felony."

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on January 7, 2059.

Report Title:

Highway Safety; Negligent Homicide; Negligent Injury

Description:

Amends penalties for negligent homicide in the second degree, negligent homicide in the third degree, and negligent injury in the second degree when the incident involves a vulnerable highway user.  Adds definitions.  Effective January 7, 2059.  (HB1666 HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.