Report Title:
Motor Vehicles; Speeding; Penalties
Description:
Increases penalties for certain speeding violations. Adds exceptions.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2141 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that there have been numerous instances in recent years in which drivers have exceeded the posted maximum speed limit by an excessive amount, thus endangering the lives and property of themselves and others. In some instances, these motorists, despite having been ticketed for prior speeding violations, have continued their reckless behavior with tragic consequences. Accordingly, the purpose of this Act is to deter this dangerous conduct by imposing stiffer penalties for speeding by an excessive amount.
SECTION 2. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part XV to be appropriately designated and to read as follows:
"§291C- Speeding; additional penalties. (a) The penalties provided in this section for speeding shall be in addition to any other penalty provided by law.
(b) Any person who drives a motor vehicle at a speed that is thirty-five miles per hour greater than the posted maximum speed limit shall be sentenced to:
(1) For a first violation, revocation of driver's license for a period not exceeding six months; and
(2) For a second and each subsequent violation, revocation of driver's license for a period not exceeding one year.
(c) Any person who drives a motor vehicle at a speed that is between not less than thirty-six and not more than forty-five miles per hour greater than the posted maximum speed limit shall be sentenced to:
(1) For a first violation, revocation of driver's license for a period not exceeding one year; and
(2) For a second and each subsequent violation, revocation of driver's license for a period not exceeding three years.
(d) Any person who drives a motor vehicle at a speed that is forty-six or more miles per hour greater than the posted maximum speed limit shall be sentenced as follows:
(1) If the operator of the motor vehicle is not the registered owner of a motor vehicle:
(A) For a first violation:
(i) Revocation of driver's license for a period not exceeding five years, which shall not be subject to appeal; and
(ii) A mandatory minimum term of imprisonment of six months; and
(B) For a second and each subsequent violation:
(i) Revocation of driver's license for a period not exceeding ten years, which shall not be subject to appeal; and
(ii) A mandatory minimum term of imprisonment of one year; or
(2) If the operator of the motor vehicle is the registered owner of a motor vehicle:
(A) For a first violation:
(i) Revocation of driver's license for a period not exceeding five years, which shall not be subject to appeal;
(ii) A mandatory minimum term of imprisonment of six months; and
(iii) Forfeiture of the motor vehicle by the county in which the violation occurred for sale pursuant to chapter 712A; provided that the county may use the proceeds of the sale for any public purpose as deemed appropriate by that county; and
(B) For a second and each subsequent violation:
(i) Revocation of driver's license for a period not exceeding ten years, which shall not be subject to appeal;
(ii) A mandatory minimum term of imprisonment of one year; and
(iii) Forfeiture of the motor vehicle by the county in which the violation occurred for sale pursuant to chapter 712A; provided that the county may use the proceeds of the sale for any public purpose as deemed appropriate by that county.
(f) The penalties specified in subsection (e)(2) shall also apply to a registered owner who:
(1) Is a passenger in the motor vehicle in question and who has the opportunity to regain control of the vehicle but fails to do so; or
(2) Is not a driver or passenger in the vehicle, but knew or should have known that the driver of the vehicle would drive in excess of established maximum speed limits.
(g) This section shall not apply to:
(1) State or county law enforcement vehicles and other authorized emergency vehicles when operating a motor vehicle in the course of official business pursuant to section 291C-26(b)(3); and
(2) Any person who can demonstrate by clear and convincing evidence that, under the circumstances, there existed a compelling need to exceed the posted maximum speed limits by the amounts exceeded.
(h) As used in this section, the term "drive" means to operate or assume actual physical control of the operation of a motor vehicle."
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. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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