STAND. COM. REP. NO. 1446

Honolulu, Hawaii

, 2021

RE: S.B. No. 151

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 151 entitled:

"A BILL FOR AN ACT RELATING TO THE STATEWIDE TRAFFIC CODE,"

begs leave to report as follows:

The purpose of this measure is to replace the term "accident" with "collision" under certain provisions of the Statewide Traffic Code.

Your Committee received testimony in support of this measure from the Department of Transportation, Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department, Maui Metropolitan Planning Organization Policy Board, and Hawaii Bicycling League.

Your Committee finds that the term "accident" may be interpreted to mean an incident that occurs without any fault, negligence, or state of mind involved. Your Committee further finds that this interpretation may prevent a person from being charged with leaving the scene of an accident and other offenses that require the State to prove that an offender had a certain state of mind at the time of the offense, such as negligent homicide or negligent injury. This measure replaces the term "accident" with "collision" to avoid any potential ambiguity.

Your Committee has amended this measure by:

(1) Changing the effective date to July 1, 3021, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 151, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 151, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

MARK M. NAKASHIMA, Chair