STAND. COM. REP. NO. 2201

Honolulu, Hawaii

RE: S.B. No. 2695

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred S.B. No. 2695 entitled:

"A BILL FOR AN ACT RELATING TO PEDESTRIAN SAFETY,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Clarify a driver's obligations at crosswalks;

(2) Require drivers to stop and remain stopped for pedestrians in crosswalks;

(3) Strengthen penalties for traffic violations, particularly in school zones;

(4) Create additional criminal penalties when pedestrians suffer bodily injury; and

(5) Provide heightened protections for blind and visually impaired pedestrians.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu, Oahu Metropolitan Planning Organization, Hawaiʻi Bicycling League, and two individuals.

Your Committee received comments on this measure from the Department of the Attorney General, Judiciary, and Office of the Public Defender.

Your Committee finds that between 2023 and 2024, the State experienced the largest percentage increase of pedestrian fatalities at seventy-three percent. Your Committee further finds that existing statute does not adequately address serious, non-fatal pedestrian injuries. Strengthening penalties for drivers that negligently injure a pedestrian will encourage drivers to better practice roadway safety. This measure will prevent traffic fatalities and prioritize the safety of the most vulnerable road users.

Your Committee notes the concern raised by the Department of the Attorney General that creating the offenses of negligent injury to a pedestrian in a crosswalk in the first degree and second degree would be redundant and inconsistent with the criminal code. Your Committee further notes the concern that it would be difficult to charge a person with the offense of failure to stop for a blind or visually impaired pedestrian due to inherent proof requirements. Your Committee also notes the concern raised by the Judiciary that a later effective date is necessary to allow the Judiciary to update the Judiciary Information Management System and ensure proper implementation by the courts. Therefore, amendments to the measure are necessary to address these concerns.

Accordingly, your Committee has amended this measure by:

(1) Deleting language that would have established the offense of negligent injury to a pedestrian in the crosswalk in the first degree;

(2) Deleting language that would have established the offense of negligent injury to a pedestrian in the crosswalk in the second degree;

(3) Deleting language that would have established the offense of failure to stop for a blind or visually impaired pedestrian;

(4) Expanding the offense of negligent injury in the second degree to include bodily injury to a vulnerable user by the operation of a vehicle in a negligent manner;

(5) Amending section 1 to reflect its amended purpose;

(6) Inserting an effective date of January 1, 2027; and

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

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 S.B. No. 2695, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2695, S.D. 1, and be referred to your Committee on Judiciary.

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

________________________________

LORRAINE R. INOUYE, Chair