HB2023 CD1

SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows:

"§286- Active intelligent speed assistance systems. (a) The director shall establish and administer a statewide program relating to certification and monitoring of active intelligent speed assistance systems installed pursuant to chapter 291C and shall select a single vendor to install and maintain those systems pursuant to this section.

(b) The program shall include standards and procedures for the certification of active intelligent speed assistance systems installed pursuant to chapter 291C. The program shall, at a minimum, require that the systems:

(1) Do not impede the safe operation of the motor vehicle;

(2) Minimize opportunities to be bypassed, circumvented, or tampered with, and provide evidence that the system has not been bypassed, circumvented, or tampered with;

(3) Work accurately and reliably in an unsupervised environment;

(4) Have the capability to provide an accurate measure of speed and record each attempt to bypass, circumvent, or tamper with the active intelligent speed assistance systems;

(5) Minimize inconvenience to other users of the motor vehicle;

(6) Be manufactured or distributed by the vendor that is responsible for the installation, user training, service, and maintenance of the active intelligent speed assistance systems;

(7) Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;

(8) Be manufactured by an entity that is adequately insured against liability, in an amount established by the director, including product liability and liability against installation and maintenance errors; and

(9) Provide for an electronic log of a driver's experience with an active intelligent speed assistance system with an information management system capable of electronically delivering information to the department of transportation within twenty-four hours of the collection of the information from the data logger.

(c) The vendor selected for installation and maintenance of the active intelligent speed assistance systems shall be audited annually by the department of transportation pursuant to this section and the rules adopted under this section. The department of transportation may require the vendor to pay for all or part of the costs incurred in conducting the audit.

(d) The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.

(e) For the purposes of this section, "active intelligent speed assistance system" has the same meaning as defined in section 291C-1.

§286- Automobile manufacturer, distributor, or retailer responsibility; liability; lessors and lienholders. (a) A manufacturer, distributor, or retailer of a motor vehicle shall not be liable for any loss, injury, or damages caused by the design, manufacture, or installation of an active intelligent speed assistance system or the improper installation, use, or misuse of an active intelligent speed assistance system.

(b) Notwithstanding subsection (a), a manufacturer, distributor, or retailer of a motor vehicle shall be liable if the manufacturer, distributor, or retailer intentionally or knowingly engages in a repair or update of an active intelligent speed assistance system and the repair or update proximately causes loss, injury, or damage.

(c) Nothing in this chapter shall require a manufacturer, distributor, or retailer of a motor vehicle to manufacture, distribute, or offer for sale a motor vehicle that includes or is compatible with an active intelligent speed assistance system.

(d) Nothing in this chapter shall prohibit a lessor or lienholder from requiring that a motor vehicle lessee or owner notify the lessor or lienholder that an active intelligent speed assistance system has been installed in a motor vehicle that is subject to a lease or finance agreement.

(e) A lessor or lienholder may charge a reasonable fee to a customer for the removal of an active intelligent speed assistance system.

(f) For the purposes of this section, "active intelligent speed assistance system" has the same meaning as defined in section 291C-1."

SECTION 2. Chapter 291C, Hawaii Revised Statutes, is amended by adding two new sections to part X to be appropriately designated and to read as follows:

"§291C-A Circumvention of or tampering with an active intelligent speed assistance system. (a) A person commits the offense of circumvention of or tampering with an active intelligent speed assistance system if the person intentionally, knowingly, or recklessly circumvents or tampers with an active intelligent speed assistance system installed on a motor vehicle pursuant to this chapter resulting in the system becoming inaccurate or inoperable.

(b) Circumvention of or tampering with an active intelligent speed assistance system shall be a misdemeanor. In addition to any other penalties provided by law, all active intelligent speed assistance system permits issued to the person pursuant to section 291C-103(d) or 291C-105(e) at the time of sentencing shall be suspended.

(c) For the purposes of this section, "active intelligent speed assistance system" has the same meaning as defined in section 291C-1.

§291C-B Operating a motor vehicle in violation of a court-ordered active intelligent speed assistance system requirement; penalties. (a) No person who has been ordered to install an active intelligent speed assistance system pursuant to section 291C-103 or 291C-105 shall operate or assume actual physical control of any vehicle not equipped with an active intelligent speed assistance system.

(b) Any person convicted of violating this section shall be sentenced as follows, without possibility of probation or suspension of sentence:

(1) For a first offense, or any offense not preceded within a ten-year period by conviction for an offense under this section:

(A) A term of imprisonment of no less than three consecutive days and no more than thirty days;

(B) A fine of no less than $250 and no more than $1,000; and

(C) Suspension of license and privilege to operate a motor vehicle for one year, including all active intelligent speed assistance system permits issued to the person pursuant to section 291C-103(d) or 291C-105(e) that are in effect at the time of sentencing;

(2) For an offense that occurs within ten years of a prior conviction for an offense under this section:

(A) Thirty days imprisonment;

(B) A $1,000 fine; and

(C) Suspension of license and privilege to operate a motor vehicle for two years, including all active intelligent speed assistance system permits issued to the person pursuant to section 291C-103(d) or 291C-105(e) that are in effect at the time of sentencing; and

(3) For an offense that occurs within ten years of two or more prior convictions for offenses under this section:

(A) No less than six months and no more than one year imprisonment;

(B) A $2,000 fine; and

(C) Suspension of license and privilege to operate a motor vehicle for four years, including all active intelligent speed assistance system permits issued to the person pursuant to section 291C-103(d) or 291C-105(e) that are in effect at the time of sentencing.

(c) The applicable period of suspension pursuant to subsection (b) shall commence upon the release of the person from the period of imprisonment imposed pursuant to this section."

SECTION 3. Section 286-132, Hawaii Revised Statutes, is amended to read as follows:

"§286-132 Driving while license suspended or revoked. Except as provided in [~~section~~] sections 291C-103, 291C-105, and 291E-62, no resident or nonresident whose driver's license, right, or privilege to operate a motor vehicle in [~~this~~] the State has been canceled, suspended, or revoked may drive any motor vehicle upon the highways of [~~this~~] the State while the license, right, or privilege remains canceled, suspended, or revoked."

SECTION 4. Section 291C-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Active intelligent speed assistance system" means an aftermarket device that actively advises a driver when a vehicle is or prevents a motor vehicle from exceeding the applicable speed limit, does not interact with the braking system, and is installed in or integrated with a motor vehicle. "Active intelligent speed assistance system" determines the applicable speed limit and advises a driver when the vehicle is or prevents the vehicle from exceeding that limit, excluding dynamic speed zones, using technology including, but not limited to integrated location-based technology, digital mapping data, or camera-based traffic sign recognition. "Active intelligent speed assistance system" includes all necessary components for installation, operation, monitoring, and data transmission."

SECTION 5. 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) Any person who violates this section, except in the case of an exhibition of speed or acceleration, shall be fined [~~not~~] no more than $500 or imprisoned [~~not~~] no more than six months, or both. Any person who violates this section by way of an exhibition of speed or acceleration shall be fined [~~not~~] no more than $500 or be sentenced to perform community service, or both.

(1) Had a valid driver's license at the time of sentencing for the subject offense;

(2) Has installed an active intelligent speed assistance system in any vehicle the defendant operates on a public highway pursuant to this subsection; and

(3) Has obtained motor vehicle insurance or self-insurance that complies with the requirements under either section 431:10C-104 or 431:10C-105,

the court may issue an active intelligent speed assistance system permit that shall allow the defendant to drive a vehicle equipped with an active intelligent speed assistance system on a public highway during the suspension period. Nothing in this section shall prevent a court from subsequently revoking the active intelligent speed assistance system permit, following a subsequent offense or otherwise. Installation and maintenance of the active intelligent speed assistance system shall be at the defendant's own expense.

[~~(c)~~] (d) Any person who violates this section while operating a vehicle at a speed exceeding the posted speed limit by thirty miles per hour or more shall be subject to a fine of [~~not~~] no more than $2,000, a term of imprisonment of [~~not~~] no more than one year, or both; provided that the following additional penalties shall also apply:

(1) For an offense that occurs within five years of a prior conviction, a one-year license suspension;

(2) For an offense that occurs within five years of two prior convictions:

(A) A three-year license suspension; and

(B) A vehicle owned by the defendant and used in the commission of the offense which has been used in at least two prior offenses that resulted in convictions may be ordered by the court to be subject to forfeiture under chapter 712A; [~~and~~]

(3) A person who fails to comply with active intelligent speed assistance system requirements imposed pursuant to this section shall be subject to section 291C-B; and

[~~(3)~~] (4) For all offenses under this section, a surcharge of up to $100 may be deposited in the trauma system special fund if the court so orders.

[~~(d)~~] (e) [~~As used in~~] For the purposes of this section:

"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.

"Exhibition of speed or acceleration" means the sudden acceleration of a vehicle resulting in the screeching of the vehicle's tires that is done to intentionally draw the attention of persons present toward the vehicle.

"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."

SECTION 6. Section 291C-105, Hawaii Revised Statutes, is amended to read as follows:

"§291C-105 Excessive speeding. (a) No person shall drive a motor vehicle at a speed exceeding:

(1) The applicable state or county speed limit by thirty miles per hour or more; or

(2) Eighty miles per hour or more irrespective of the applicable state or county speed limit.

(b) For the purposes of this section, "the applicable state or county speed limit" means the maximum speed limit established:

(1) By county ordinance;

(2) By official signs placed by the director of transportation on highways under the director's jurisdiction; or

(3) Pursuant to section 291C-104 by the director of transportation or the counties for school zones and construction areas in their respective jurisdictions.

(c) Any person who violates subsection (a) shall be guilty of a petty misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:

(1) For a first offense not preceded by a prior conviction for an offense under subsection (a) in the preceding five years:

(A) A fine of [~~not~~] no less than $500 and [~~not~~] no more than $1,000;

(B) Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or [~~the court may impose,~~] in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work-related purposes[;], subject to subsection (e);

(D) A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;

(E) A surcharge of [~~not~~] no more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders;

(F) An assessment for driver education pursuant to section 286G-3; and

(G) Either one of the following:

(i) Thirty-six hours of community service work; or

(ii) [~~Not~~] No less than forty-eight hours and [~~not~~] no more than five days of imprisonment; and

(2) For an offense that occurs within five years of a prior conviction for an offense under subsection (a):

(A) A fine of [~~not~~] no less than $750 and [~~not~~] no more than $1,000;

(B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period[;], subject to subsection (e);

(D) A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;

(E) A surcharge of [~~not~~] no more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders;

(F) An assessment for driver education pursuant to section 286G-3; and

(G) Either one of the following:

(i) [~~Not~~] No less than one hundred twenty hours of community service work; or

(ii) [~~Not~~] No less than five days but [~~not~~] no more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively.

(d) Notwithstanding subsection (c), any person who violates subsection (a) within five years of two prior convictions for the same offense shall be guilty of a misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:

(1) A mandatory minimum jail sentence of thirty days;

(2) [~~Revocation~~] Suspension of license and privilege to operate a vehicle for a period of [~~not~~] no less than ninety days but [~~not~~] no more than six months[;], subject to subsection (e);

(3) Attendance in a course of instruction in driver retraining;

(4) A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;

(5) A surcharge of [~~not~~] no more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders;

(6) An assessment for driver education pursuant to section 286G-3; and

(7) That the vehicle used in the commission of the offense be subject to forfeiture under chapter 712A, if the court so orders.

(e) Upon proof that the defendant has:

(1) Installed an active intelligent speed assistance system in any vehicle the defendant operates on a public highway pursuant to subsection (c) or (d); and

(2) Obtained motor vehicle insurance or self-insurance that complies with the requirements under either section 431:10C-104 or 431:10C-105,

the court shall issue an active intelligent speed assistance system permit that will allow the defendant to drive a vehicle equipped with an active intelligent speed assistance system on a public highway during the suspension or revocation period. Nothing in this section shall prevent a court from subsequently revoking the active intelligent speed assistance system permit, following a subsequent offense or otherwise. Installation and maintenance of the active intelligent speed assistance system shall be at the defendant's own expense."

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 8. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on January 1, 2028; provided that section 1 of this Act shall take effect upon its approval.

HOUSE OF REPRESENTATIVES	H.B. NO.	2023
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII		S.D. 1
		C.D. 1