STAND.
COM. REP. NO. 1669
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 Consumer Protection & Commerce, to which was referred S.B. No. 151, H.D. 1, 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 the term "collision" under certain provisions of the Statewide Traffic Code.
Your
Committee finds that the term "accident" could be interpreted to mean
an incident that occurs without any fault, negligence, or state of mind
involved. In the context of the
Statewide Traffic Code, this is typically not the case as many collisions occur
due to a driver's knowing action that increases the likelihood of a collision,
such as speeding or drinking alcohol.
Your Committee further finds that this interpretation could be used to 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 notes that this change of terminology is consistent with guidance by the National Highway Traffic Safety Administration.
As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 151, H.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,
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____________________________ AARON LING JOHANSON, Chair |
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