STAND. COM. REP. NO. 660-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 2589

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Transportation, to which was referred H.B. No. 2589 entitled:

"A BILL FOR AN ACT RELATING TO DRIVING WITHOUT A LICENSE,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Make a second conviction for operating a motor vehicle without a license within a five-year period a Class A felony if the defendant's actions result in the death of another person; and

(2) Add forfeiture of a vehicle as a penalty on a second conviction for operating a motor vehicle without a license within a five-year period.

Your Committee received testimony in support of this measure from the Department of Transportation and numerous individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender. Your Committee received comments on this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and one individual.

Your Committee finds that repeat offenses of driving without a valid license endanger public safety and reflect a serious disregard for Hawaii's motor vehicle laws. When a second offense within five years results in the death of another person, the gravity of the harm warrants enhanced criminal penalties and additional consequences. This measure strengthens public safety and promotes responsible driving by establishing enhanced penalties for habitual unlicensed drivers, while preserving judicial discretion in appropriate mitigating circumstances.

Your Committee has amended this measure by:

(1) Specifying that this measure is in honor of Koali-Denning Ring;

(2) Deleting its substantive content and inserting language that:

(A) Clarifies that negligent homicide in the first degree shall include situations where a person causes the death of another person while operating a vehicle without a valid license;

(B) Establishes that a violation of this provision shall be a class B felony, with escalation to a class A felony when the person has two or more prior convictions for driving without a valid license within five years; and

(C) Clarifies what constitutes a prior conviction for driving without a valid license;

(3) Adding a savings clause;

(4) Changing the effective date to July 1, 3000, to encourage further discussion; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2589, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2589, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation,

____________________________

DARIUS KILA, Chair