STAND. COM. REP. NO. 790-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 1453

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1453 entitled:

"A BILL FOR AN ACT RELATING TO TRAFFIC VIOLATIONS,"

begs leave to report as follows:

The purpose of this measure is to specify that refusing to provide identifying information to a police officer when being detained for a traffic offense is a petty misdemeanor.

Your Committee received testimony in support of this measure from the Department of Transportation, Honolulu Police Department, State of Hawaii Organization of Police Officers, and three individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

Your Committee finds that violators of the Statewide Traffic Code who refuse to provide identification to police officers are issued a citation for not producing identification. However, if the violator does not provide the police officer with identifying information, a citation cannot be issued. Your Committee finds that this hinders law enforcement in their duty to conduct traffic enforcement. This measure changes the penalty from a traffic infraction to a petty misdemeanor for refusing to provide identifying information to a police officer when stopped for a traffic offense.

Your Committee has amended this measure by:

(1) Changing the effective date to January 1, 2222, to encourage further discussion; and

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

Your Committee notes that existing law does not require a person to provide an identification card when the person is stopped by a police officer.

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 H.B. No. 1453, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1453, H.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

MARK M. NAKASHIMA, Chair