HB2365

SECTION 1. The legislature finds that paper citations are plagued by numerous deficiencies, such as untimely delivery of citations from law enforcement agencies to the judiciary, and difficulty in deciphering handwritten notes. In many instances, these deficiencies lead to the dismissal of traffic citations or delays in access to citations by the person who was cited.

The legislature further finds that electronic citation technology provides numerous benefits to law enforcement, the judiciary, and to the general public. These benefits include:

(1) Improved efficiency and accuracy in the issuance of citations, which contributes to officer and motorist safety by reducing the time spent on the ticketing process, which often occurs in precarious roadside locations;

(2) Easier-to-read citations;

(3) Improved efficiency and accuracy in citation data entry into law enforcement and the judiciary's record management systems, since electronic citations can reduce redundant data entries;

(4) Elimination of in-person deliveries or mailing of paper citations from police districts to the courts, leading to faster access to citations for violators to pay fines online or in person; and

(5) Improved traffic safety due to the availability of electronic citation data analyses, such as types of violations, geolocations, times of issuance, and other related data points.

The legislature recognizes that a statewide electronic citation system will streamline processes and that the time savings will allow law enforcement to spend less time on paperwork and data entry and more time on responding to calls and community concerns.

The legislature further recognizes that an electronic citation system will assist the judiciary in reducing clerical issues, processing delays, and citation dismissals.

The purpose of this Act is to:

(1) Establish an electronic citation special fund to support a statewide electronic citation program under the judiciary;

(2) Establish an electronic citation surcharge to be assessed to various traffic violations;

(3) Require that the fees from the electronic citation surcharge be deposited into the electronic citation special fund;

(4) Require the judiciary to adopt procedures to distribute moneys from the electronic citation special fund to the respective law enforcement agencies and the administrative director of the courts to defray expenses related to the establishment, implementation, operation, oversight, repair and maintenance of an electronic citation program; and

(5) Authorize the judiciary to distribute moneys in the electronic citation special fund in accordance with the adopted procedures.

SECTION 2. Chapter 249, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§249- Electronic citation surcharge. In addition to any other penalties ordered by the court, a person who violates any provision under this chapter shall be ordered to pay an electronic citation surcharge of $5 per violation. Any person so ordered shall pay the surcharge to the clerk of the court. The surcharge shall be deposited with the director of finance, who shall credit the surcharge to the electronic citation special fund established under section 291C-C."

SECTION 3. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§286- Electronic citation surcharge. In addition to any other penalties ordered by the court, a person who violates any provision under this chapter shall be ordered to pay an electronic citation surcharge of $5 per violation. Any person so ordered shall pay the surcharge to the clerk of the court. The surcharge shall be deposited with the director of finance, who shall credit the surcharge to the electronic citation special fund established under section 291C-C."

SECTION 4. Chapter 290, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§290- Electronic citation surcharge. In addition to any other penalties ordered by the court, a person who violates any provision under this chapter shall be ordered to pay an electronic citation surcharge of $5 per violation. Any person so ordered shall pay the surcharge to the clerk of the court. The surcharge shall be deposited with the director of finance, who shall credit the surcharge to the electronic citation special fund established under section 291C-C."

SECTION 5. Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291- Electronic citation surcharge. In addition to any other penalties ordered by the court, a person who violates any provision under this chapter shall be ordered to pay an electronic citation surcharge of $5 per violation. Any person so ordered shall pay the surcharge to the clerk of the court. The surcharge shall be deposited with the director of finance, who shall credit the surcharge to the electronic citation special fund established under section 291C-C."

SECTION 6. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . ELECTRONIC CITATION PROGRAM

§291C-A Definition. As used in this part, "electronic citation" means the process of transmitting traffic, misdemeanor, or other citations and law enforcement data via electronic means to the clerk of the court.

§291C-B Electronic citation surcharge. (a) In addition to any other penalties ordered by the court, a person who violates any provision under this chapter shall be ordered to pay an electronic citation surcharge of $5 per violation.

(b) The person shall pay the surcharge to the clerk of the court, who shall credit the surcharge to the electronic citation special fund established under section 291C-C.

§291C-C Electronic citation program; electronic citation special fund; established. (a) There is established within the judiciary an electronic citation program that shall be funded and sustained through the electronic citation special fund.

(b) There is established in the state treasury the electronic citation special fund, into which shall be deposited:

(1) Electronic citation surcharges collected pursuant to traffic violations, infractions and crimes;

(2) Appropriations by the legislature to the electronic citation special fund; and

(3) All moneys received from public or private sources for the purposes of the electronic citation special fund.

(c) Moneys in the electronic citation special fund shall be distributed by the judiciary, in accordance with procedures adopted pursuant to subsection (d), to the respective law enforcement agencies and the administrative director of the courts to defray expenses related to the establishment, implementation, operation, oversight, repair and maintenance of an electronic citation program.

(d) The judiciary shall adopt procedures to implement this section. These procedures shall establish a formula by which the moneys in the electronic citation special fund shall be distributed to the respective law enforcement agencies and the administrative director of the courts, and provide how each recipient of the funds shall expend the moneys for the purposes of the electronic citation program."

SECTION 7. Chapter 291E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291E- Electronic citation surcharge. In addition to any other penalties ordered by the court, a person who violates any provision under this chapter shall be ordered to pay an electronic citation surcharge of $5 per violation. Any person so ordered shall pay the surcharge to the clerk of the court. The surcharge shall be deposited with the director of finance, who shall credit the surcharge to the electronic citation special fund established under section 291C-C."

SECTION 8. Chapter 431:10C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§431:10C- Electronic citation surcharge. In addition to any other penalties ordered by the court, a person who violates any provision under this chapter shall be ordered to pay an electronic citation surcharge of $5 per violation. Any person so ordered shall pay the surcharge to the clerk of the court. The surcharge shall be deposited with the director of finance, who shall credit the surcharge to the electronic citation special fund established under section 291C-C." SECTION 9. Chapter 431:10G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§431:10G- Electronic citation surcharge. In addition to any other penalties ordered by the court, a person who violates any provision under this chapter shall be ordered to pay an electronic citation surcharge of $5 per violation. Any person so ordered shall pay the surcharge to the clerk of the court. The surcharge shall be deposited with the director of finance, who shall credit the surcharge to the electronic citation special fund established under section 291C-C."

SECTION 10. Section 291D-9, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) A person found to have committed a traffic infraction shall be assessed an electronic citation surcharge of $5 per violation. A person found to have committed a traffic infraction or emergency period infraction shall be assessed a monetary assessment not to exceed the maximum fine specified in the law or rule defining the traffic infraction or emergency period infraction. The court shall consider a person's financial circumstances, if disclosed, in determining the monetary assessment."

2. By amending subsection (c) to read:

"(c) In addition to any monetary assessment imposed for a traffic infraction or an emergency period infraction[,] and the cost for an electronic citation surcharge, the court may impose additional assessments for:

(1) Failure to pay a monetary assessment by the scheduled date of payment; or

(2) The cost of service of a penal summons issued pursuant to this chapter."

SECTION 11. There is appropriated out of the electronic citation special fund the sum of $ , or so much thereof as may be necessary for fiscal year 2022-2023 for the establishment, implementation, operation, oversight, repair and maintenance of an electronic citation program.

The sum appropriated shall be expended and distributed by the judiciary for the purposes of this Act; provided that the funds appropriated shall not lapse at the end of the fiscal year for which it was appropriated.

SECTION 12. In codifying the new sections added by

section 6 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 13. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 15. This Act shall take effect on January 1, 2023.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2365
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII