Bill Text: HI HB1669 | 2012 | Regular Session | Introduced
Bill Title: Vehicle Immobilization; Unlicensed Drivers;
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-02 - (H) The committee(s) on JUD recommend(s) that the measure be deferred. [HB1669 Detail]
Download: Hawaii-2012-HB1669-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1669 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 286-136, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(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 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. The court may also order any vehicle owned by the person convicted of violating section 286-102 or 286-132 if the person has two or more prior convictions for the same offense in the preceding five-year period to be immobilized at the address at which the vehicle is registered for a period not to exceed one hundred eighty days, at the registered owner's expense, by a wheel immobilization device that can be released only by the police; provided that, if immobilization is ordered by the court, the registered owner of the vehicle ordered to be immobilized shall surrender the number plates issued to the vehicle pursuant to chapter 249 to the director of finance of the county in which the vehicle is registered who shall retain the number plates as long as they are valid. At the end of the immobilization period ordered by the court, the police shall release the wheel immobilization device and the number plates shall be returned to the registered owner by the director of finance."
SECTION 2. Section 291-4.6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§291-4.6[]] Driving
after license suspended or denied for noncompliance with an order of support;
penalties. (a) No person whose driver's license has been suspended, denied,
or otherwise restricted, nonrenewed, nonreinstated, nonrestored, revoked, or
terminated, pursuant to section 576D-13 shall operate a motor vehicle upon
the public streets, roads, or highways of this State while the person's license
remains suspended or denied.
(b) Any person convicted of violating this section shall be sentenced as follows:
(1) For a first offense, or any offense not preceded within a five-year period by a conviction under this section:
(A) A term of imprisonment at least three consecutive days but not more than thirty days;
(B) A fine not less than $250 but not more than $1,000; and
(C) License suspension or denial shall continue until written authorization of compliance is issued by the child support enforcement agency, the office of child support hearings, or the family court; and
(2) For an offense which occurs within five years of a prior conviction under this section:
(A) Thirty days' imprisonment;
(B) A fine of $1,000; [and]
(C) License suspension or denial shall
continue until written authorization of compliance pursuant to section 576D-13
[[]is[]] issued by the child support enforcement agency, the
office of child support hearings, or the family court[.]; and
(D) At the discretion of the court, immobilization of any vehicle owned by the person at the address at which the vehicle is registered for a period not to exceed one hundred eighty days, at the registered owner's expense, by a wheel immobilization device that can be released only by the police; provided that, if immobilization is ordered by the court, the registered owner of the vehicle ordered to be immobilized shall surrender the number plates issued to the vehicle pursuant to chapter 249 to the director of finance of the county in which the vehicle is registered who shall retain the number plates as long as they are valid. At the end of the immobilization period ordered by the court, the police shall release the wheel immobilization device and the number plates shall be returned to the registered owner by the director of finance."
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, 2013.
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INTRODUCED BY: |
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Report Title:
Vehicle Immobilization; Unlicensed Drivers;
Description:
Allows the court to require the immobilization of a motor vehicle owned by an individual convicted of driving without a license or driving with a canceled, suspended, or revoked license or a vehicle owned by an individual who is not in compliance with an order of paternity or child support by means of a wheel immobilization device for a period not to exceed 180 days. Requires the surrender of number plates. Provides for the removal of wheel immobilization device and return of number plates after the court ordered immobilization period is completed.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
