STAND. COM. REP. NO. 576
Honolulu, Hawaii
RE: S.B. No. 643
S.D. 2
Honorable Shan S. Tsutsui
President of the Senate
Twenty-Sixth State Legislature
Regular Session of 2011
State of Hawaii
Sir:
Your Committee on Judiciary and Labor, to which was referred S.B. No. 643, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO EXCESSIVE SPEEDING,"
begs leave to report as follows:
The purpose and intent of this measure is to authorize the court to order forfeiture of any vehicle owned by a defendant if the vehicle was used in the commission of the excessive speeding offense and if the defendant has at least two prior excessive speeding convictions.
Your Committee received testimony in support of this measure from one individual. Your Committee received testimony in opposition to this measure from the Office of the Public Defender.
Your Committee has heard the concerns of the Office of the Public Defender that the statute being amended is already unduly harsh with a progressive penalty that has led to unintended consequences, and that forfeiture of motor vehicles of repeat offenders will add further unintended consequences. Your Committee believes that striking a balance between highway safety and the rights of the individual is paramount, and that additional review is required.
Your Committee has amended this measure accordingly by:
(1) Inserting an effective date of July 1, 2050, to allow for further discussion; and
(2) 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 S.B. No. 643, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 643, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,
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____________________________ CLAYTON HEE, Chair |
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