HOUSE OF REPRESENTATIVES	H.B. NO.	1453
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

relating to traffic violations.

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

SECTION 1. The legislature finds that section 291C-172, Hawaii Revised Statutes, "[r]efusal to provide identification", does not adequately address situations in which the violator of a traffic law is stopped by a police officer and refuses to provide any personal identifying information, or provides obviously false information. Currently, this section only allows a law enforcement officer to issue a citation for this violation. However, if the violator is not providing the officer with their identifying information, a citation cannot be issued, making this law impractical. This impracticality hinders law enforcement in the performance of the critical duty of traffic enforcement, especially in relation to pedestrians or bicycles. It is critical that police officers have the option to arrest a violator of section 291C-172 when the person refuses to identify themselves, as a deterrent to this type of behavior.

The legislature further finds that section 291C-23, Hawaii Revised Statutes, "[o]bedience to police officers", covers similar traffic situations in which a person willfully fails or refuses to comply with any lawful order or direction of a police officer who is controlling traffic. Violating section 291C-23 is a petty misdemeanor.

Accordingly, the purpose of this Act is to amend section 291C-172, Hawaii Revised Statutes, to change the penalty for violation of this section from a traffic infraction to a petty misdemeanor. This adjustment will allow a functional progression for officers to follow in the event a traffic law violator refuses to provide a police officer with their information.

SECTION 2. Section 291C-172, Hawaii Revised Statutes, is amended to read as follows:

"§291C-172 Refusal to provide identification. (a) Except as provided in subsection (b), any person detained for a violation of this chapter shall provide the person's name and address[, or], and any proof thereof, [or both,] upon the lawful order or direction of any police officer in the course and scope of the officer's duties pursuant to this chapter.

(b) A pedestrian who is detained for violating part VII of this chapter shall provide the person's name and address upon the lawful order or direction of a police officer in the course and scope of the officer's duties. If the officer has reasonable grounds to believe that the person is being deceptive or misleading in providing the person's name and address, the person shall provide such proof thereof, upon the lawful order or direction of the police officer.

(c) Refusal to provide identification is a petty misdemeanor."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request

Report Title:

Honolulu Police Department Package; Traffic Code; Refusal to Provide Information

Description:

Specifies that refusing to provide identifying information to a police officer when being detained for a traffic offense is a petty misdemeanor.

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