HOUSE OF REPRESENTATIVES

H.B. NO.

1562

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to driving without a license.

 

 

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

 


     SECTION 1.  Section 286-136, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Any person who is convicted of violating section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be subject to a minimum fine of $500 and a maximum fine of $1,000, or imprisoned no more than one year, or both, if the person has two or more prior convictions for the same offense in the preceding five-year period[.]; provided that upon a third conviction for the same offense within five years, the vehicle owned and used by the defendant in the commission of the third offense may be ordered by the court to be subject to forfeiture under chapter 712A; provided further that if the defendant is not the registered owner of the vehicle used in the commission of the third offense, the listed owner of the vehicle shall file a petition to the court explaining why the owner allowed the unlicensed driver to operate the vehicle and pay all storage fees, court costs, and fines."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Driving Without a License; Penalties; Vehicle; Forfeiture

 

Description:

Adds confiscation of a vehicle as a maximum penalty on a third conviction for operating a motor vehicle without a license within a five-year period.  Provides that if the defendant is not the registered owner of the vehicle used to commit the third offense, the owner of the vehicle shall be responsible for certain costs and fines.

 

 

 

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