THE SENATE

S.B. NO.

378

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to unadjudicated traffic fines.

 

 

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

 


     SECTION 1.  Section 291C-171, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-171  Disposition of fines and forfeitures.  (a)  All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of the state traffic laws and all assessments collected relating to the commission of traffic infractions shall be paid to the director of finance of the State.

     (b)  In addition to any monetary assessment imposed for a traffic infraction, the court may impose penalties on all outstanding traffic citations and judgments.  The penalties shall be established pursuant to rules approved by the supreme court; provided that the amounts of the penalties shall be based upon a graduated scale that increases in proportion to the length of the delinquency.  Any interest penalty imposed as provided in this section may be waived by the court for good cause.  All penalties collected for such outstanding citations and judgments shall be paid to the director of finance of the State.

     (c)  Beginning July 1, 2021, the director of finance shall transmit, not more than thirty days after the end of each fiscal quarter,       per cent of the fines and forfeitures collected for uncontested traffic infractions to the law enforcement agency in the county in which the citations were issued.  The judiciary shall identify those fines and forfeitures paid and collected for uncontested traffic infractions.  A traffic infraction shall be deemed uncontested when a person answers a notice of traffic infraction using the option in accordance with section 291D-6(b)(1).  

     This subsection shall not apply to:

     (1)  Fines and forfeitures for violations that occur on off-street parking facilities, parks, airports, and harbors that are subject to enforcement by the State; or

     (2)  Fines and forfeitures that are required by law to be paid into a special, revolving, or trust fund.

     No county shall be entitled to any portion of the fines and forfeitures described in paragraphs (1) and (2)."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2021.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Unadjudicated Traffic Fines; Transfer to County Law Enforcement

 

Description:

Transfers an unspecified percentage of the amount of fines and forfeitures to each county law enforcement agency collected for uncontested traffic infractions in that county.

 

 

 

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