|
THE SENATE |
S.B. NO. |
2196 |
|
TWENTY-SIXTH LEGISLATURE, 2012 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
Relating to Crime.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 128, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§128- Interference with warning or signal devices. No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any official warning or signal device, or any other part thereof. Violation of this section shall be a class C felony."
SECTION 2. Section 128-32, Hawaii Revised Statutes, is amended to read as follows:
"§128-32 Misdemeanors. Any person violating any rule or regulation of the governor prescribed and promulgated pursuant to this chapter and having the force and effect of law, shall, if it shall be so stated in the rule or regulation, be guilty of a misdemeanor. Upon conviction the person shall be fined not more than $5,000, or imprisoned not more than one year, or both.
Any person who, wilfully or through gross
negligence, destroys, damages, or loses any shelter[,] or
protective device[, or warning or signal device,] shall if the same was
installed or constructed by the United States, the State, or a political
subdivision, or is the property of the United States, the State, or a political
subdivision, be fined not more than $2,000 or imprisoned not more than ninety
days, or both. The governor, by rule or regulation, may make further
provisions for the protection from misuse of shelters[,] and
protective [devices, and warning and signal] devices."
SECTION 3. Section 264-45, Hawaii Revised Statutes, is amended to read as follows:
"[[]§264-45[]]
Highway lighting. (a) To the extent that it is practical and not
in conflict with any safety regulation or federal law, regulation, or mandate,
if any highway rule or standard relating to highway lighting conflicts with any
county ordinance or other rule regarding highway lighting, the more stringent
requirement or standard shall govern all new installations of highway lighting.
(b) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any highway lighting or any other part thereof. Violation of this section shall be a class C felony.
(c) A person charged with a violation of this section may assert a vehicular accident as an affirmative defense to prosecution under this section."
SECTION 4. Section 291C-37, Hawaii Revised Statutes, is amended to read as follows:
"[[]§291C-37[]]
Interference with official traffic-control devices or railroad signs or
signals. (a) No person shall, without lawful authority, attempt to
or in fact alter, deface, injure, knock down, or remove any official
traffic-control device or any railroad sign or signal or any inscription,
shield, or insignia thereon, or any other part thereof. Violation of this
section shall be a class C felony.
(b) A person charged with a violation of this section may assert a vehicular accident as an affirmative defense to prosecution under this section."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
|
|
|
Report Title:
Warning Devices; Highway Lighting; Traffic-control Devices
Description:
Makes defacing, injuring, knocking down or removing any warning or signal device, highway lighting, or traffic-control device, or attempting to deface, injure, knock down or remove any of the same, a class C felony. Creates an affirmative defense in cases involving highway lighting or traffic-control devices.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.