SB2429 HD2

SECTION 1. The legislature finds that excessive speeding is a leading cause of traffic fatalities and serious injuries in the State. The legislature further finds that a small number of repeat speeding offenders account for a disproportionate share of dangerous driving behavior.

The legislature recognizes that advancements in vehicle safety technology, including intelligent speed assistance systems, can reduce speeding, improve roadway safety, and save lives while preserving access to lawful driving privileges. The legislature also finds that the State of Washington has enacted legislation establishing intelligent speed assistance as a remedial tool for habitual speeding offenses, providing a model for improving traffic safety outcomes.

The purpose of this Act is to:

(1) Allow courts to order, and enforce compliance with, intelligent speed assistance technology for habitual speeders;

(2) Clarify liability for a manufacturer, distributor, or retailer regarding the design, manufacture, installation, repair, or update of an active intelligent speed assistance system;

(3) Allow probation for persons who are charged with excessive speeding; and

(4) Require a report to the legislature on certain data and the effectiveness of intelligent speed assistance requirements.

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

"Part . intelligent speed assistance and habitual speeding

§291C-A Definitions. As used in this part, unless the context clearly requires otherwise:

"Active intelligent speed assistance system" means an aftermarket device that actively 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" includes all necessary components for installation, operation, monitoring, and data transmission. "Active intelligent speed assistance system" determines the applicable speed limit and 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.

"Habitual speeder" means a person designated a habitual speeder by a court pursuant to section 291C-B.

§291C-B Habitual speeder designation. (a) A person shall be designated a habitual speeder if the person has been convicted of or found to have committed or more speeding violations under part X, including violations adjudicated as traffic infractions, within any five-year period, and at least one of the violations:

(1) Involved exceeding the posted speed limit by miles per hour or more; or

(2) Occurred in a school zone or construction zone pursuant to section 291C-104, or pedestrian-priority area.

(b) For purposes of this section, a person shall be deemed to have been "convicted of or found to have committed" a speeding violation if the person:

(1) Is adjudicated to have committed the violation; or

(2) Admits the violation or pays the applicable fine.

(c) Upon determining, on its own motion or upon motion by the prosecuting attorney, that a person meets the criteria set forth in subsection (a), the court shall designate the person as a habitual speeder.

(d) For the purposes of this section, "pedestrian-priority area" means a roadway or geographic area that is formally designated by a county, by ordinance, resolution, administrative rule, or traffic control device, as an area in which pedestrian safety is prioritized and for which special traffic controls, speed restrictions, or pedestrian-oriented design features are in effect.

§291C-C Court-ordered intelligent speed assistance. (a) In addition to any penalty under part X, upon designating a person as a habitual speeder pursuant to section 291C-B, the court may order, as a condition of continued driving privileges, that any motor vehicle operated by the person be equipped with an active intelligent speed assistance system.

(b) The court shall specify:

(1) The duration of the requirement;

(2) Whether the system shall be advisory or speed-limiting;

(3) Any compliance verification requirements; and

(4) Conditions for early termination based on demonstrated compliance.

(c) A person who fails to comply with a court-ordered intelligent speed assistance requirement imposed pursuant to this section shall be subject to section 291C-D.

§291C-D Operating a motor vehicle in violation of a court-ordered intelligent speed assistance requirement; circumvention of or tampering with an active intelligent speed assistance system; penalties. (a) No person whose driving privileges have been restricted pursuant to section 291C-C to operating a motor vehicle equipped with an active intelligent speed assistance system shall knowingly:

(1) Operate or assume actual physical control of a motor vehicle that is not equipped with an active intelligent speed assistance system; or

(2) Circumvent, disable, remove, or tamper with an active intelligent speed assistance system required under section 291C-C.

(b) Any person who violates subsection (a) shall be sentenced without possibility of probation or suspension of sentence as follows:

(1) For a first offense, or any offense not preceded within a ten-year period by conviction 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

(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

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

(A) One year imprisonment;

(B) A $2,000 fine; and

(4) In addition to a sentence imposed under paragraphs (1) through (3), any person who is convicted under this section and also convicted under part X, for an offense based on the same incident or arising from the same episode, shall be sentenced to terms of imprisonment for both offenses, which shall be served consecutively.

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

§291C-E Approved systems and standards. (a) The department of transportation shall adopt rules pursuant to chapter 91 establishing standards for active intelligent speed assistance systems, including:

(1) Accuracy and reliability;

(2) Tamper resistance;

(3) Driver notification requirements; and

(4) Procedures for verification of installation and operation.

(b) The department of transportation may approve multiple categories of systems, including advisory-only and speed-limiting systems.

§291C-F 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 by a third party of an active intelligent speed assistance system, or improper installation, use, or misuse by a third party or vehicle operator 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 installs, repairs, or updates an active intelligent speed assistance system and the installation, repair, or update proximately causes loss, injury, or damage.

(c) Nothing in this part 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 part 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.

§291C-G Privacy and data protection. (a) An active intelligent speed assistance system required under this part shall not:

(1) Collect location or driving data beyond what is necessary for speed compliance; or

(2) Transmit data to third parties except for compliance verification as ordered by a court.

(b) Any data collected pursuant to this part shall not be sold, used for commercial purposes, or disclosed except as authorized by law.

§291C-H Financial assistance and equity. The director of transportation shall contract with one or more active intelligence speed assistance vendors to provide partial financial relief for the installation and the periodic calibration charges to offenders who apply for the assistance, are subject to a court-ordered intelligent speed assistance requirement pursuant to this part, and are recipients of:

(1) Food assistance under the Supplemental Nutrition Assistance Program; or

(2) Free services under the Older Americans Act or Developmental Disabilities Assistance and Bill of Rights Act.

§291C-I Rules. The department of transportation may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this part. The judiciary may adopt rules as necessary to carry out the purposes of this part."

SECTION 3. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part X to be appropriately designated and to read as follows:

"§291C- Speed safety intervention. The courts may require a person to participate in speed safety interventions, including the installation or use of an active intelligent speed assistance system pursuant to part , education programs, or monitoring, as part of sentencing for speeding‑related offenses."

SECTION 4. Section 291C-105, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(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;

(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;

(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 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;

(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."

SECTION 5. (a) The department of transportation, in coordination with the judiciary and county law enforcement agencies, shall collect data regarding:

(1) Speed-related crashes;

(2) Recidivism rates among habitual speeders; and

(3) The effectiveness of intelligent speed assistance interventions.

(b) The department of transportation shall submit a report of its findings and recommendations, including any proposed legislation, on the data collected pursuant to subsection (a) and on the effectiveness of the intelligent speed assistance requirements to the legislature no later than twenty days prior to the convening of the regular session of 2028.

SECTION 6. 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 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 3000.

THE SENATE	S.B. NO.	2429
THIRTY-THIRD LEGISLATURE, 2026		S.D. 1
STATE OF HAWAII		H.D. 2