HOUSE OF REPRESENTATIVES	H.B. NO.	823
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to traffic fines and fees.

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

     SECTION 1.  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, 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 license suspension;

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

         (A)  A three-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;

     (3)  For all offenses under this section, a surcharge of up to $100 may be deposited in the trauma system special fund if the court so orders."

     SECTION 2.  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 and may be charged with a surcharge of up to $100 to be deposited into the trauma system special fund."

     SECTION 3.  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 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 prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-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 to be deposited into the neurotrauma special fund;

         (E)  May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders;

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

         (G)  Either one of the following:

              (i)  Thirty-six hours of community service work; 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 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 to be deposited into the neurotrauma special fund;

         (E)  May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders;

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

         (G)  Either one of the following:

              (i)  Not less than one hundred twenty hours of community service work; 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;

         (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 to be deposited into the neurotrauma special fund;

         (F)  May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders; and

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

     SECTION 4.  Section 291C-161, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(b)  Except as provided in subsections (c) and (d), every person who is determined to have violated any provision of this chapter for which another penalty is not provided shall be fined:

     (1)  Not more than [$200] $500 for a first violation thereof;

     (2)  Not more than [$300] $700 for a second violation committed within one year after the date of the first violation; and

     (3)  Not more than [$500] $1,000 for a third or subsequent violation committed within one year after the date of the first violation."

     2.  By amending subsection (d) to read:

     "(d)  Every person who violates section 291C-13 or 291C-18 shall:

     (1)  Be fined not more than [$200] $500 or imprisoned not more than ten days for a first conviction thereof;

     (2)  Be fined not more than [$300] $700 or imprisoned not more than twenty days or both for conviction of a second offense committed within one year after the date of the first offense; and

     (3)  Be fined not more than [$500] $1,000 or imprisoned not more than six months or both for conviction of a third or subsequent offense committed within one year after the date of the first offense."

     SECTION 5.  Section 601-3.7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established in the state treasury a special fund to be known as the judiciary computer system special fund.  Moneys collected from administrative fees pursuant to section 287-3(a) and fees pursuant to sections 607-4(b)(10) and 607-5(c)(32) shall be deposited into the fund.  Fifty per cent of the fees collected pursuant to section 607-4(b)(7), (8), and (9) shall also be deposited into the fund."

     SECTION 6.  Section 607-4, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  The fees prescribed by subsection (b) shall be paid to the clerk of the district court as costs of court by the person instituting the action or proceeding, or offering the paper for filing, or causing the document to be issued or the services to be performed in the district court; provided that nothing in subsection (b) shall apply to cases of adults charged with commission of a crime, or minors referred to the district court by the family court; provided further that for the purposes of subsection (b), "judgment" includes an order from which an appeal lies; and provided further that the fees prescribed by subsection (b)(10) shall be deposited by the clerk of the district court into the judiciary computer system special fund pursuant to section 601-3.7.  [One-half of the] The fees collected pursuant to paragraphs (7), (8), and (9) of subsection (b) [also] shall be deposited [into the fund.] as follows:

(1) Fifty per cent into the judiciary computer system special fund pursuant to section 601-3.7;

(2) Twenty-five per cent into the judiciary facilities repair and maintenance special fund established under Act    , Session Laws of Hawaii 2011; and

(3) Twenty-five per cent into the general fund.

     (b)  The fees referred to in subsection (a) are:

     (1)  Except for petitions for temporary restraining order under section 604-10.5, the fee for which shall be the same as that provided in section 607-5(b)(19), for the institution of each action or proceeding, to include all charges except as provided by paragraphs

          (2) to (6)...................................... $100

     (2)  Intervention; answer containing one or more cross-claims or counterclaims; third-party complaint, for each such matter................................................. $10

     (3)  Demand for jury trial................. Fee prescribed

                                              by section 607-5

     (4)  Filing of notice of appeal, to be paid in addition to the deposit of appellate court costs........................ $100

     (5)  Making of a copy; comparing of copy with

          original............ Fees prescribed by section 92-21

     (6)  Posting notice; service fees; garnishee fees; mileage charges; or other services actually

          performed................. Amounts necessary to cover

                                 actual costs or disbursements

     (7)  Administrative costs associated with the

          processing of traffic citations that involve

          stopping (when prohibited), standing,

          or parking........... [$10] $20 for each violation in

                               addition to any fine imposed by

                                     the court, and whether or

                                    not such fine is suspended

     (8)  Administrative costs associated with the processing of traffic citations which do not involve stopping, standing, or parking..................... [$40] $80 for each violation in

                                  addition to any fine imposed

                                  by the court, and whether or

                                    not such fine is suspended

     (9)  Administrative costs associated with the processing of traffic citations issued for violations of a statute or ordinance relating to vehicles or their drivers, or owners, except those as provided by paragraphs (7) and

          (8).................. [$30] $60 for each violation in

                                  addition to any fine imposed

                                  by the court, and whether or

                                    not such fine is suspended

    (10)  Administrative costs associated with the processing of all civil filings except those brought by the State or any of the various counties and political subdivisions of the State, those commenced by a petition for temporary restraining order under section 604-10.5, and those commenced and conducted in the small claims division of the district court................. $20."

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on January 1, 2012.

INTRODUCED BY:

_____________________________

Report Title:

Traffic Offenses; Fines and Fees

Description:

Raises certain fines and fine ceilings for traffic offenses.  Increases administrative fees for certain traffic offenses and allocates a portion of those moneys to the judiciary computer system special fund, judiciary facilities repair and maintenance special fund, and the general fund.

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