STAND. COM. REP. NO. 3185

Honolulu, Hawaii

RE:    H.B. No. 1666

       H.D. 1

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1666, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

begs leave to report as follows:

     The purpose and intent of this measure is to promote highway safety by:

     (1)  Increasing penalties for criminal offenses of negligent homicide in the second and third degrees and negligent injury in the second degree where the victim is a vulnerable user; and

     (2)  Adding definitions for "vulnerable user" in the Penal Code.

     Your Committee received testimony in support of this measure from the Department of the Attorney General, Police Department of the City and County of Honolulu, Maui Bicycle Alliance, Hawaii Bicycling League, and three private individuals.  Testimony in opposition to this measure was submitted by the Office of the Public Defender.  The Department of Transportation submitted comments.

     Your Committee finds that Hawaii's roadways can be dangerous for pedestrians, cyclists, and others who legally use the public right of way without being in a motor vehicle.  Unfortunately, when collisions occur between motor vehicles and these individuals, serious injury or death may result.  This measure promotes greater street and highway safety by increasing the grade of the criminal penalty of certain negligent homicide and injury offenses.

     Your Committee notes the testimony submitted by the Department of the Attorney General that establishing different grades of penalties for the same criminal offense may cause confusion and make it difficult to maintain accurate criminal history records.

     Accordingly, your Committee has amended this measure by:

     (1)  Adopting the amendments suggested by the Department of the Attorney General, which amend the offenses of negligent homicide in the first degree and second degree and negligent injury in the first degree to include offenses against a vulnerable user and do not establish different grades of penalties for the same criminal offense;

     (2)  Specifying under the offense of negligent injury in the first degree that causing, by the operation of a motor vehicle in a negligent manner, serious bodily injury to another person or substantial bodily injury to a vulnerable user constitutes the offense;

     (3)  Changing the effective date from January 7, 2059, to upon approval; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1666, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1666, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair