THE SENATE	S.B. NO.	2578
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

Relating to traffic violation records.

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

     SECTION 1.  The legislature finds that moving violations resulting in a dismissal with prejudice or a not guilty judgment which occurred more than ten years prior to the date of a request for a certified traffic abstract, should not be included in the traffic abstract, except for commercial driver licensing traffic records.  The legislature further finds that the lapsing of a record after a period of ten years for cases in which the accused driver has been exonerated by dismissal with prejudice or a not guilty judgment is reasonable.

     The purpose of this Act is to exclude from a certified abstract traffic violations record certain alleged violations that have not resulted in a conviction.

     SECTION 2.  Section 287-3, Hawaii Revised Statutes, is amended to read as follows:

     "§287-3  Furnishing of operating records[.]; access; confidentiality; penalty. (a)  The traffic violations bureaus of the district courts, upon request, shall furnish any person a certified abstract of the bureaus' record, if any, of any person relating to all alleged moving violations and any convictions resulting therefrom, arising from the operation of a motor vehicle and any administrative license revocation pursuant to chapter 291E, part III and chapter 286, part XIV, as it was in effect on or before December 31, 2001.  The traffic violations bureaus may collect a fee, not to exceed $20, of which $18 shall be deposited into the general fund and $2 shall be deposited into the judiciary computer system special fund.

     (b)  Notwithstanding any provision to the contrary, all alleged moving violations as well as any convictions resulting therefrom or any administrative license suspension pursuant to chapter 291A shall not be included in a certified abstract of the bureaus' record.

(c)  Notwithstanding any provision to the contrary, beginning on December 1, 2016, all alleged moving violations for which the disposition of the violation was "dismissed with prejudice" or "not guilty" which occurred more than ten years prior to the date of the request for the abstract, shall not be included in a certified abstract of the bureaus' record; provided that this subsection shall not apply to a certified abstract of a commercial driver licensed pursuant to part XIII, chapter 286.

(d)  Information relating to all alleged moving violations for which the disposition of the violation was "dismissed with prejudice" or "not guilty" which occurred more than ten years prior to the date of the request for the abstract, shall be confidential; provided that information relating to all alleged moving violations of a commercial driver licensed pursuant to part XIII, chapter 286, shall not be confidential.

(e)  The traffic violations bureaus of the district courts shall not grant any person access to the traffic violation record of any person, in any form, including an electronic traffic violation record available through a website approved by the State of Hawaii, unless the person requesting the information provides a government issued identification of the person for whom the traffic violation record is sought.

As used in this subsection, "government issued identification" means:

(1) A passport issued by the United States of America;

(2) An identification card or driver's license issued by any state or local government or the Bureau of Indian Affairs; or

(3) An identification card issued by any branch of the Armed Forces of the United States of America."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Traffic Violations; Traffic Abstracts; Confidentiality; District Courts

Description:

Beginning on December 1, 2016, requires the removal of certain certified traffic abstracts records of all alleged moving violations for which the disposition of the case was "dismissed with prejudice" or "not guilty" that occurred more than ten years prior to the date of the request for the abstract, with exceptions.

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