REPORT TITLE:
Traffic Bench Warrants


DESCRIPTION:
Prevents persons with outstanding traffic bench warrants to
obtain or renew a driver's license or to register or transfer a
motor vehicle.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE STATEWIDE TRAFFIC CODE.



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

 1      SECTION 1.  The purpose of this Act is to prevent persons
 
 2 with outstanding traffic bench warrants from obtaining or
 
 3 renewing a driver's license or from registering or transferring a
 
 4 motor vehicle.  This Act employs the licensing and registration
 
 5 restriction system, currently used for decriminalized traffic
 
 6 offenses, as an additional tool for increasing compliance in the
 
 7 more serious penal traffic cases.  By forcing these individuals
 
 8 back into the traffic court system, without the expenses
 
 9 associated with arresting them and holding them in custody, it is
 
10 anticipated that this Act will reduce the costs of coercing
 
11 compliance and generate revenue from the earlier disposition of
 
12 the underlying traffic matters.
 
13      There are thousands of outstanding traffic bench warrants
 
14 that were issued for defendants when they failed to appear in
 
15 penal traffic cases or failed to appear for a proof of compliance
 
16 hearing.  Unlike drivers who fail to appear in decriminalized
 
17 traffic cases, drivers who fail to appear in penal traffic cases
 
18 must be physically arrested.  This is an expensive process.
 
19 Hawaii's limited law enforcement resources have been prioritized
 

 
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 1 for other matters and, consequently, a substantial backlog of
 
 2 traffic bench warrants has developed.  This Act addresses that
 
 3 backlog.
 
 4      SECTION 2.  Chapter 291C, Hawaii Revised Statutes, is
 
 5 amended by adding a new section to be appropriately designated
 
 6 and to read as follows:
 
 7      "§291C-     Restriction on driver's license and motor
 
 8 vehicle registration.  (a)  On or after the effective date of
 
 9 this Act, regardless of the date of the underlying traffic
 
10 offense, when a bench warrant is issued, the court shall cause an
 
11 entry to be made in the driver's license record so as to prevent
 
12 the person named in the bench warrant from acquiring or renewing
 
13 the person's driver's license for as long as the bench warrant is
 
14 outstanding.
 
15      (b)  On or after the effective date of this Act, regardless
 
16 of the date of the underlying traffic offense, in all cases where
 
17 the registered owner of a motor vehicle has an outstanding bench
 
18 warrant, the court shall cause an entry to be made in the motor
 
19 vehicle's record so as to prevent issuance or renewal of the
 
20 motor vehicle's certificate of registration and transfer of title
 
21 to the motor vehicle for as long as the bench warrant is
 
22 outstanding."
 
23      SECTION 3.  New statutory material is underscored.
 

 
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 1      SECTION 4.  This Act shall take effect upon its approval.
 
 2 
 
 3                              INTRODUCED BY:______________________
 
 4