Report Title:
Racing on Highways
Description:
Provides different categories of penalties for those with prior convictions; increases fines; requires forfeiture of vehicles.
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THE SENATE |
S.B. NO. |
2337 |
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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 racing on highways.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that there have been numerous incidents in which drivers are racing their vehicles on public highways and streets. The effects of street racing range from the inconvenience of traffic jams or slowdowns, as friends of the racers sometimes use their vehicles to hold back traffic so that the roadway is cleared for the racers, to endangering the property and lives of the racers as well as innocent motorists and their passengers. In order to deter this behavior, the legislature finds that penalties for racing on the highway should be amended to require the suspension of a driver’s license upon conviction and that repeat offenders be subject to forfeiture of their vehicles. In addition, since street racing may also constitute the offense of reckless driving, this Act also amends the penalty for reckless driving to permit the forfeiture of a vehicle for repeat convictions.
SECTION 2. Section 291-2, Hawaii Revised Statutes, is amended to read as follows:
"§291-2 Reckless driving of vehicle
or riding of animals; penalty. (a) Whoever operates any vehicle or rides any animal recklessly in disregard of the safety of persons or property is guilty of reckless driving of vehicle or reckless riding of an animal, as appropriate, and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both.(b) Any vehicle used in the commission of or the attempted commission of an offense under this section shall be forfeited. subject to the requirements of chapter 712A."
SECTION 3. Section 291C-103, Hawaii Revised Statutes is amended to read as follows:
"§291C-103 Racing on highways. (a) Except as provided in section 291C-149, no person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, competition, contest, test or exhibition prohibited by this section.
(b) No person shall aid or attempt to aid another person in planning or committing an offense under this
section.(c) "Drag race" means the operation of two or more vehicles from a point side-by-side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.
[(c)] (d) "Racing means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.
[(d)] (e) "Exhibition of speed or acceleration" means the sudden acceleration of a vehicle resulting in the screeching of the
[(e)] (f) Any person who violates this section, except subsection [(d)] (e)
(1) For a first offense, or any offense not preceded within a five-year period by a conviction under any subsection of this section:
(A) A three month license suspension; and
(B) A fine of $500, a term of imprisonment of not more than thirty days, or both.
(2) For an offense that occurs within five years of a prior conviction under any subsection of this section;
(B) A fine of $1,000, a term of imprisonment of not more than sixty days, or both; and
(3) For an offense that occurs within five years of two prior convictions under any subsection of this section;
(A) A three year license suspension; and
(B) A fine of $1,500, a term of imprisonment of not more than six months, or both.
(g) Any person who violates subsection [(d)] (e) shall be fined not more than $500, or be sentenced to perform community service, or both."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 5. Statutory material to be repealed is bracketed. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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