THE SENATE

S.B. NO.

1092

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PENALTIES.

 

 

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

 

     SECTION 1.  The legislature finds that in 1993, the legislature amended section 286-136, Hawaii Revised Statutes, to "improve the system by which traffic offenses presently are being processed in order to dispose expeditiously of these cases".  This amendment decriminalized certain traffic offenses that were not considered serious and implemented a program for drivers to settle their fines in less adversarial settings.  The purpose of this amendment was to expend resources on more serious cases and allow law enforcement to focus on their patrol duties.

     The legislature recognizes that the impact of criminal prosecution, rather than civil litigation, for violations of section 286-102, Hawaii Revised Statutes, has severely strained the criminal justice process.  These offenses require resources from the judiciary, county prosecutors, defense attorneys, and law enforcement, while very few cases are resolved through a trial on the merits.

     The legislatures notes that persons who are convicted of violations of section 286-102, Hawaii Revised Statutes, are typically sentenced to large fines, which often result in driver's license stoppers, or suspensions, that prevent the person from maintaining a valid state driver's license in compliance with the law.

     Accordingly, the purpose of this Act is to:

     (1)  Re-examine and reduce the resource strain on private and government actors in resolving violations of section 286-102, Hawaii Revised Statutes, by amending section 286-136, Hawaii Revised Statutes, to remove violations of the applicable section as a criminal offense; and

     (2)  Place section 286-102, Hawaii Revised Statutes, in the purview of the civil legal system, where other similar traffic violations and infractions are already governed and adjudicated.

     SECTION 2.  Section 286-136, Hawaii Revised Statutes, is amended to read as follows:

     "§286-136  Penalty.  (a)  Except as provided in subsection (b)[,] or (c), any person who violates section [286-102,] 286‑122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be fined [no] not more than $1,000 or imprisoned [no] not more than thirty days, or both.  Any person who violates any other section in this part shall be fined no more than $1,000.

     (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] not 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.

     (c)  Any person found in violation of section 286‑102 shall be subject to a fine of not less than $           but not more than $          .

     [(c)] (d)  Notwithstanding subsections (a) [and], (b), and (c), a minor under the age of eighteen under the jurisdiction of the family court who is subject to this section shall either lose the right to drive a motor vehicle until the age of eighteen or be subject to a fine of $500.

     [(d)] (e)  Any person subject to a fine under this section and who fails to timely pay the fine shall be given an opportunity to petition the court to demonstrate that the person's nonpayment or inability to pay is not wilful; provided that if the person petitions the court, the court shall make an individualized assessment of the person's ability to pay based upon the totality of the circumstances, including the person's disposable income, financial obligations, and liquid assets; provided further that if the court determines that the person's nonpayment or inability to pay is not wilful, the court may enter an order that allows additional time for payment; reduces the amount of each installment; revokes the fee or fine, or unpaid portion thereof, in whole or in part; or converts any outstanding fine to community service."

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

     SECTION 5.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Penalties; Driver's License; Fines

 

Description:

Makes driving without a license a civil violation.  Establishes fines.  Takes effect 7/1/2050.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.