Report Title:
Traffic Infractions; Court Adjudication; Notice
Description:
Eliminates inconsistencies in adjudication of traffic offenses; clarifies application of section 291D-3(b) (applicability of administrative adjudication law) by providing that infractions not resulting in a criminal charge do not require court adjudication. Extends the time for answering a notice of traffic infraction from 15 to 21 days.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
494 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to traffic infractions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291D-3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) Notwithstanding any other provision of law to the contrary, all traffic infractions shall be adjudicated pursuant to this chapter, except as provided in subsection (b). This chapter shall be applied uniformly throughout the State and in all counties. [Penal sanctions] No penal sanction except [fines] a fine, fee, surcharge, or other monetary assessment shall [not] apply to a violation of a state statute or rule, or county ordinance or rule, that would constitute a traffic infraction under this chapter. [Traffic infractions] No traffic infraction shall [not] be classified as a criminal [offenses.] offense.
(b) [Traffic infractions] No traffic infraction that [involve] involves an accident resulting in personal injury or property damage [or are] and is committed in the same course of conduct as a criminal offense for which the offender is arrested or charged shall [not] be adjudicated pursuant to this chapter, but shall be adjudicated by the appropriate district or circuit court of the circuit in which the traffic infraction was committed, whichever has jurisdiction pursuant to the applicable statute or rules of court. In no event shall section 701-109 preclude prosecution for a criminal offense where a traffic infraction committed in the same course of conduct has been adjudicated pursuant to this chapter."
SECTION 2. Section 291D-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The form for the notice of traffic infraction shall be prescribed by rules of the district court which shall be uniform throughout the State. Except in the case of traffic infractions involving parking, the notice shall include the following:
(1) A statement of the specific traffic infraction, including a brief statement of facts, for which the notice was issued;
(2) A statement of the monetary assessment, established for the particular traffic infraction pursuant to section 291D-9, to be paid by the driver which shall be uniform throughout the State;
(3) A statement of the options provided in section 291D-6(b) for answering the notice and the procedures necessary to exercise the options;
(4) A statement that the person to whom the notice is issued must answer, choosing one of the options specified in section 291D-6(b), within [fifteen] twenty-one days;
(5) A statement that failure to answer the notice of traffic infraction within [fifteen] twenty-one days shall result in the entry of judgment by default for the State and a late penalty assessed and, if the driver fails to pay the monetary assessment within an additional thirty days or otherwise take action to set aside the default, notice to the director of finance of the appropriate county that the person to whom the notice was issued shall not be permitted to renew or obtain a driver's license or, where the notice was issued to a motor vehicle, the registered owner will not be permitted to register, renew the registration of, or transfer title to the motor vehicle until the traffic infraction is finally disposed of pursuant to this chapter;
(6) A statement that, at a hearing to contest the notice of traffic infraction conducted pursuant to section 291D-8 or in consideration of a written statement contesting the notice of traffic infraction, no officer will be present unless the driver timely requests the court to have the officer present. The standard of proof to be applied by the court is whether a preponderance of the evidence proves that the specified traffic infraction was committed;
(7) A statement that, at a hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction or in consideration of a written request for mitigation, the person will be considered to have committed the traffic infraction;
(8) A space in which the driver's signature, current address, and driver's license number may be affixed; and
(9) The date, time, and place at which the driver must appear in court if the driver chooses to go to hearing."
SECTION 3. Section 291D-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A person who receives a notice of traffic infraction shall answer the notice within [fifteen] twenty-one days of the date of the notice. There shall be included with the notice of traffic infraction a preaddressed envelope directed to the traffic violations bureau of the applicable district court."
SECTION 4. Section 291D-7, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) If the person fails to answer within [fifteen] twenty-one days of issuance of the notice of traffic infraction, the court shall take action as provided in subsection (e)."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on September 30, 2005.
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INTRODUCED BY: |
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