HOUSE OF REPRESENTATIVES |
H.B. NO. |
2275 |
THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO FIREWORKS INFRACTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the enforcement of the fireworks control law is wanting. The legislature further finds that enforcement is necessary to protect property from avoidable fire damage and to protect persons from fire- and explosion-related injuries, respiratory distress caused by the air pollution, and retraumatizing afflicted persons with the loud explosions.
The legislature further finds that alternative enforcement mechanisms should be considered to promote compliance with the fireworks control law. One alternative enforcement mechanism would be an expeditious adjudication system for fireworks infractions, similar to the system for processing traffic infractions. This system would allow the judiciary to expediently process violations of the fireworks control law, allowing the judiciary to reserve resources for the cases that require the resources.
The purpose of this Act is to incorporate the new fireworks citations into the existing traffic and emergency order citation system under chapter 291D, Hawaii Revised Statutes.
SECTION 2. Section 291D-1, Hawaii Revised Statutes, is amended to read as follows:
"§291D-1 Purpose. (a) Act 222, Session Laws of Hawaii 1978, began the process of decriminalizing certain traffic offenses, not of a serious nature, to the status of violations. In response to a request by the legislature, the judiciary prepared a report in 1987 that recommended, among other things, further decriminalization of traffic offenses, elimination of most traffic arraignments, disposition of uncontested violations by mail, and informal hearings where the violation or the proposed penalty is questioned. The legislature finds that further decriminalization of certain traffic offenses and streamlining of the handling of those traffic cases will achieve a more expeditious system for the judicial processing of traffic infractions. The system of processing traffic infractions established by this chapter will:
(1) Eliminate the long and tedious arraignment proceeding for a majority of traffic matters;
(2) Facilitate and encourage the resolution of many traffic infractions through the payment of a monetary assessment;
(3) Speed the disposition of contested cases through a hearing, similar to small claims proceedings, in which the rules of evidence will not apply and the court will consider as evidence the notice of traffic infraction, applicable police reports, or other written statements by the police officer who issued the notice, any other relevant written material, and any evidence or statements by the person contesting the notice of traffic infraction;
(4) Dispense in most cases with the need for witnesses, including law enforcement officers, to be present and for the participation of the prosecuting attorney;
(5) Allow judicial, prosecutorial, and law enforcement resources to be used more efficiently and effectively; and
(6) Save the taxpayers money and reduce their frustration with the judicial system by simplifying the traffic court process.
The legislature further finds that this chapter will not require expansion of the current traffic division of the district courts, but will achieve greater efficiency through more effective use of existing resources of the district courts.
(b) The legislature finds that the pandemic related to the coronavirus disease 2019 necessitated the imposition of emergency period rules in an attempt to control the spread of the disease in the State. The thousands of violations of the emergency period rules caused an examination of the ability to impose infractions for lesser offenses as an alternative to using the Penal Code and to allow for more efficient use of the judicial system. The system of processing traffic infractions under this chapter was enacted in 1993 and has provided a useful mechanism for handling offenses deemed as infractions and is well-suited to certain types of violations of emergency period rules that are designated infractions by the governor or mayor under the state's emergency management laws.
(c) The legislature further finds that the illegal use of fireworks poses a serious public health and safety hazard. Due to the high number of fireworks being set off throughout the State, an expeditious adjudication system for fireworks infractions, such as the system for processing traffic infractions, will allow the judiciary to expediently process violations of the fireworks control law. This system will allow the judiciary to reserve resources for cases that require more resources."
SECTION 3. Section 291D-2, Hawaii Revised Statutes, is amended as follows:
1. By adding one new definition to be appropriately inserted and to read:
""Fireworks infraction" means any violation of chapter 132D that is not explicitly classified as a felony or misdemeanor, any rule adopted pursuant to chapter 132D, or any county ordinance or rule enacted pursuant to chapter 132D."
2. By amending the definitions of "concurrent trial" and "hearing" to read:
""Concurrent
trial" means a trial proceeding held in the district or family court in which
the defendant is tried simultaneously in a civil case for any charged traffic infraction
[or], emergency period infraction, or fireworks infraction
and in a criminal case for any related criminal offense, with trials to be held
in one court on the same date and at the same time.
"Hearing"
means a proceeding conducted by the district court pursuant to section 291D-8 at
which the person to whom a notice of traffic infraction [or], notice
of emergency period infraction, or notice of fireworks infraction was issued
either admits to the infraction, contests the notice of traffic infraction [or],
notice of emergency period infraction, or notice of fireworks infraction,
or admits to the traffic infraction [or], emergency period infraction,
or fireworks infraction but offers an explanation to mitigate the monetary assessment
imposed."
3. By amending the definition of "related criminal offense" to read:
""Related
criminal offense" means any criminal violation or crime, committed in the same
course of conduct as a traffic infraction [or], emergency period infraction,
or fireworks infraction, for which the defendant is arrested or charged."
SECTION 4. Section 291D-3, Hawaii Revised Statutes, is amended by amending subsections (a) through (e) to read as follows:
"(a) Notwithstanding any other provision of law to
the contrary, all traffic infractions [and], emergency period infractions,
and fireworks infractions, including infractions committed by minors, shall
be adjudicated pursuant to this chapter, except as provided in subsection (b). This chapter shall be applied uniformly throughout
the State and in all counties. No penal sanction
that includes imprisonment shall apply to a violation of a state statute or rule,
or county ordinance or rule, that would constitute a traffic infraction [or],
an emergency period infraction, or a fireworks infraction under this chapter. No traffic infraction [or], emergency
period infraction, or fireworks infraction shall be classified as a criminal
offense.
(b) Where a defendant is charged with a traffic infraction
[or], an emergency period infraction, or a fireworks infraction
and the infraction is committed in the same course of conduct as a criminal offense
for which the offender is arrested or charged, the traffic infraction [or],
emergency period infraction, or fireworks infraction shall be adjudicated
pursuant to this chapter; provided that the court may schedule any initial appearance,
hearing, or trial on the traffic infraction [or], emergency period
infraction, or fireworks infraction at the same date, time, and place as
the arraignment, hearing, or trial on the related criminal offense.
Notwithstanding
this subsection and subsection (c), the court shall not schedule any initial appearance,
hearing, or trial on the traffic infraction [or], emergency period
infraction, or fireworks infraction at the same date, time, and place as
the arraignment, hearing, or trial on the related criminal offense where the related
criminal offense is a felony or is a misdemeanor for which the defendant has demanded
a jury trial.
(c) If the defendant requests a trial pursuant to
section 291D-13, the trial shall be held in the district court of the circuit in
which the traffic infraction [or], emergency period infraction,
or fireworks infraction was committed.
If the court schedules a concurrent trial pursuant to paragraph (1), the
concurrent trial shall be held in the appropriate district or family court of the
circuit in which the traffic infraction [or], emergency period infraction,
or fireworks infraction was committed, whichever has jurisdiction over the related
criminal offense charged pursuant to the applicable statute or rule of court; provided
that:
(1) The district or family court, for the purpose of
trial, may schedule a civil trial on the traffic infraction [or],
emergency period infraction, or fireworks infraction on the same date and
at the same time as a criminal trial on the related criminal offense charged. The court shall enter a civil judgment as to the
traffic infraction [or], emergency period infraction, or fireworks
infraction and a judgment of conviction or acquittal as to the related criminal
offense following such concurrent trial; and
(2) If trial on the traffic infraction [or],
emergency period infraction, or fireworks infraction is held separately from
and before trial on any related criminal offense, the following shall be inadmissible
in the prosecution or trial of the related criminal offense, except as expressly
provided by the Hawaii rules of evidence:
(A) Any written or oral statement made by the defendant in proceedings conducted pursuant to section 291D-7(b); and
(B) Any testimony given by the defendant in the trial
on the traffic infraction [or], emergency period infraction[.],
or fireworks infraction.
Such statements or testimony shall not be deemed a waiver of the defendant's privilege against self-incrimination in connection with any related criminal offense.
(d) In no event shall section 701-109 preclude prosecution
for a related criminal offense where a traffic infraction [or], an
emergency period infraction, or a fireworks infraction committed in the same
course of conduct has been adjudicated pursuant to this chapter.
(e) If the defendant fails to appear at any scheduled court date before the date of trial or concurrent trial and:
(1) The defendant's civil liability for the traffic
infraction [or], emergency period infraction, or fireworks infraction
has not yet been adjudicated pursuant to section 291D-8, the court shall enter a
judgment by default in favor of the State for the traffic infraction [or],
emergency period infraction, or fireworks infraction unless the court determines
that good cause or excusable neglect exists for the defendant's failure to appear;
or
(2) The defendant's civil liability for the traffic
infraction [or], emergency period infraction, or fireworks infraction
has been adjudicated previously pursuant to section 291D-8, the judgment earlier
entered in favor of the State shall stand unless the court determines that good
cause or excusable neglect exists for the defendant's failure to appear."
SECTION 5. Section 291D-4, Hawaii Revised Statutes, is amended to read as follows:
"§291D-4 Venue
and jurisdiction. (a) All violations of state law, ordinances, or rules
designated as traffic infractions [or], emergency period infractions,
or fireworks infractions in this chapter shall be adjudicated in the district
and circuit where the alleged infraction occurred, except as otherwise provided
by law.
(b) Except as otherwise provided by law, jurisdiction
is in the district court of the circuit where the alleged traffic infraction [or],
emergency period infraction, or fireworks infraction occurred. Except as otherwise provided in this chapter,
district court judges shall adjudicate traffic infractions [and],
emergency period infractions[.], and fireworks infractions."
SECTION 6. Section 291D-5, Hawaii Revised Statutes, is amended by amending subsections (a) through (d) to read as follows:
"(a) The notice of traffic infraction for moving violations,
[and] the notice of emergency period infraction, and the notice of fireworks
infraction, shall include the summons for the purposes of this chapter. Whenever a notice of traffic infraction [or],
notice of emergency period infraction, or notice of fireworks infraction
is issued, the person's signature, driver's license number or state identification
number, electronic mail address, and current address shall be noted on the notice. If the person refuses to sign the notice of traffic
infraction [or], notice of emergency period infraction, or notice
of fireworks infraction, the officer shall record this refusal on the notice
and issue the notice to the person. Anyone
to whom a notice of traffic infraction [or], notice of emergency period
infraction, or notice of fireworks infraction is issued under this chapter
need not be arraigned before the court, unless required by rule of the supreme court.
(b) The forms for the notice of traffic infraction
[and], notice of emergency period infraction, and notice of fireworks
infraction shall be prescribed by rules of the district court, which shall be
uniform throughout the State; provided that each judicial circuit may include differing
statutory, rule, or ordinance provisions on its respective notice of traffic infraction
[or], notice of emergency period infraction[.], or notice
of fireworks infraction.
(c) A notice of traffic infraction [or],
notice of emergency period infraction, or notice of fireworks infraction
that is generated by the use of electronic equipment or that bears the electronically
stored image of any person's signature, or both, shall be valid under this chapter.
(d)
The notice of traffic infraction [or], notice of emergency
period infraction, or notice of fireworks infraction shall include the following:
(1) A statement of the specific infraction for which the notice was issued;
(2) Except in the case of parking-related traffic infractions, a brief statement of the facts;
(3) A statement of the total amount to be paid for each infraction, which amount shall include any fee, surcharge, or cost required by statute, ordinance, or rule, and any monetary assessment, established for the particular infraction pursuant to section 291D-9, to be paid by the person to whom the notice was issued, which shall be uniform throughout the State;
(4) A statement of the options provided in section 291D‑6(b) for answering the notice and the procedures necessary to exercise the options;
(5) A statement that the person to whom the notice is issued shall answer, choosing one of the options specified in section 291D-6(b), within twenty‑one days of issuance of the notice;
(6) A statement that failure to answer the notice within twenty-one days of issuance shall result in the entry of judgment by default for the State and may result in the assessment of a late penalty;
(7) A statement that, at a hearing requested to contest the notice, pursuant to section 291D-8, no officer shall be present unless the person to whom the notice was issued timely requests the court to have the officer present, and that the standard of proof to be applied by the court is whether a preponderance of the evidence proves that the specified infraction was committed;
(8) A statement that, at a hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction or in consideration of a written request for mitigation, the person shall be considered to have committed the infraction;
(9) A space in which the signature of the person to whom the notice was issued may be affixed; and
(10) The date, time, and place at which the person to whom the notice was issued shall appear in court, if the person is required by the notice to appear in person at the hearing."
SECTION 7. Section 291D-6, Hawaii Revised Statutes, is amended to read as follows:
"§291D-6 Answer required. (a) A person
who receives a notice of traffic infraction [or], notice of emergency
period infraction, or notice of fireworks infraction shall answer the notice
within twenty-one days of the date of issuance of the notice. There shall be included with the notice of traffic
infraction [or], notice of emergency period infraction, or notice
of fireworks infraction a preaddressed envelope directed to the traffic and
emergency period violations bureau of the applicable district court.
(b) Provided that the notice of traffic infraction
[or], notice of emergency period infraction, or notice of fireworks
infraction does not require an appearance in person at a hearing as set forth
in section 291D-5(d)(10), in answering a notice of traffic infraction [or],
notice of emergency period infraction, or notice of fireworks infraction,
a person shall have the following options:
(1) Admit the commission of the infraction in one of the following ways:
(A) By mail or in person, by completing the appropriate
portion of the notice of traffic infraction, notice of emergency period infraction,
notice of fireworks infraction, or preaddressed envelope and submitting it
to the authority specified on the notice together with payment of the total amount
stated on the notice of traffic infraction [or], notice of emergency
period infraction[.], or notice of fireworks infraction. Payment by mail shall be in the form of a check,
money order, or by an approved credit or debit card. Payment in person shall be in the form of United
States currency, check, money order, or by an approved credit or debit card; or
(B) Via the Internet or by telephone, by submitting
payment of the total amount stated on the notice of traffic infraction [or],
notice of emergency period infraction[.], or notice of fireworks infraction. Payment via the Internet or by telephone shall
be by an approved credit or debit card;
(2) Deny the commission of the infraction and request
a hearing to contest the infraction by completing the appropriate portion of the
notice of traffic infraction, notice of emergency period infraction, notice of
fireworks infraction, or preaddressed envelope and submitting it, either by
mail or in person, to the authority specified on the notice. In lieu of appearing in person at a hearing, the
person may submit a written statement of grounds on which the person contests the
notice of traffic infraction [or], notice of emergency period infraction,
or notice of fireworks infraction, which shall be considered by the court
as a statement given in court pursuant to section 291D‑8(a); or
(3) Admit the commission of the infraction and request a hearing to explain circumstances mitigating the infraction by completing the appropriate portion of the notice of traffic infraction, notice of emergency period infraction, notice of fireworks infraction, or preaddressed envelope and submitting it, either by mail or in person, to the authority specified on the notice. In lieu of appearing in person at a hearing, the person may submit a written explanation of the mitigating circumstances, which shall be considered by the court as a statement given in court pursuant to section 291D-8(b).
(c) When answering the notice of traffic infraction
[or], notice of emergency period infraction, or notice of fireworks
infraction, the person shall affix the person's signature to the answer and
shall state the address at which the person will accept future mailings from the
court. No other response shall constitute
an answer for purposes of this chapter."
SECTION 8. Section 291D-7, Hawaii Revised Statutes, is amended to read as follows:
"§291D-7
Court action after answer or failure to answer. (a) When
an admitting answer is received, the court shall enter judgment in favor of the
State in the total amount specified in the notice of traffic infraction [or],
notice of emergency period infraction[.], or notice of fireworks infraction.
(b) When a denying answer is received, the court shall proceed as follows:
(1) In the case of a traffic
infraction [or], emergency period infraction, or fireworks infraction
where the person requests a hearing at which the person will appear in person to
contest the infraction, the court shall notify the person in writing of the date,
time, and place of hearing to contest the notice of traffic infraction [or]
notice of emergency period infraction[.], or notice of fireworks infraction. The notice of hearing shall be mailed to the address
stated in the denying answer, or if none is given, to the address stated on the
notice of traffic infraction [or], notice of emergency period infraction[.],
or notice of fireworks infraction. An
electronic copy of the notice of hearing may be sent to the electronic mail address
stated on the notice of infraction. The notification
also shall advise the person that, if the person fails to appear at the hearing,
the court shall enter judgment by default in favor of the State, as of the date
of the scheduled hearing, that the total amount specified in the default judgment
shall be paid within thirty days of entry of default judgment; and
(2) When a denying answer
is accompanied by a written statement of the grounds on which the person contests
the notice of traffic infraction [or], notice of emergency period
infraction, or notice of fireworks infraction, the court shall proceed as
provided in section 291D-8(a) and shall notify the person of its decision, including
the total amount assessed, if any, by mailing the notice of entry of judgment within
forty-five days of the postmarked date of the answer to the address provided by
the person in the denying answer, or if none is given, to the address given when
the notice of traffic infraction [or], notice of emergency period
infraction, or notice of fireworks infraction was issued or, in the case
of parking violations, to the address at which the vehicle is registered. An electronic copy of the notice of entry of judgment
may be sent to the electronic mail address stated on the notice of infraction. The notice of entry of judgment also shall advise
the person, if it is determined that the infraction was committed and judgment is
entered in favor of the State, that the person has the right, within thirty days
of entry of judgment, to request a trial and shall specify the procedures for doing
so. The notice of entry of judgment shall
also notify the person, if an amount is assessed by the court for monetary assessments,
fees, surcharges, or costs, that if the person does not request a trial within the
time specified in this paragraph, the total amount assessed shall be paid within
thirty days of entry of judgment.
(c) When an answer admitting commission of the infraction but seeking to explain mitigating circumstances is received, the court shall proceed as follows:
(1) In the case of a traffic
infraction [or], emergency period infraction, or fireworks infraction
where the person requests a hearing at which the person will appear in person to
explain mitigating circumstances, the court shall notify the person in writing of
the date, time, and place of hearing to explain mitigating circumstances. The notice of hearing shall be mailed to the address
stated in the answer, or if none is given, to the address stated on the notice of
traffic infraction [or], notice of emergency period infraction[.],
or fireworks infraction. An electronic
copy of the notice of hearing may be sent to the electronic mail address stated
on the notice of infraction. The notification
also shall advise the person that, if the person fails to appear at the hearing,
the court shall enter judgment by default in favor of the State, as of the date
of the scheduled hearing, and that the total amount stated in the default judgment
shall be paid within thirty days of entry of default judgment; and
(2) If a written explanation is included with an answer admitting commission of the infraction, the court shall enter judgment for the State and, after reviewing the explanation, determine the total amount of the monetary assessments, fees, surcharges, or costs to be assessed, if any. The court shall then notify the person of the total amount to be paid for the infraction, if any. There shall be no appeal from the judgment. If the court assesses an amount for monetary assessments, fees, surcharges, or costs, the court shall also notify the person that the total amount shall be paid within thirty days of entry of judgment.
(d) If the person fails to answer within twenty-one
days of issuance of the notice of traffic infraction [or], notice
of emergency period infraction, or notice of fireworks infraction, the court
shall take action as provided in subsection (e).
(e)
Whenever judgment by default in favor of the State is entered, the court
shall mail a notice of entry of default judgment to the address provided by the
person when the notice of traffic infraction [or], notice of emergency
period infraction, or notice of fireworks infraction was issued or, in the
case of parking infractions, to the address stated in the answer, if any, or the
address at which the vehicle is registered. An electronic copy of the notice of entry of default
judgment may be sent to the electronic mail address stated on the notice of infraction. The notice of entry of default judgment shall
advise the person that the total amount specified in the default judgment shall
be paid within thirty days of entry of default judgment and shall explain the procedure
for setting aside a default judgment. Judgment
by default for the State entered pursuant to this chapter may be set aside pending
final disposition of the traffic infraction [or], emergency period
infraction, or fireworks infraction upon written application of the person
and posting of an appearance bond equal to the amount of the total amount specified
in the default judgment and any other assessment imposed pursuant to section 291D-9. The application shall show good cause or excusable
neglect for the person's failure to take action necessary to prevent entry of judgment
by default. Thereafter, the court shall determine
whether good cause or excusable neglect exists for the person's failure to take
action necessary to prevent entry of judgment by default. If so, the application to set aside default judgment
shall be granted, the default judgment shall be set aside, and the notice of traffic
infraction [or], notice of emergency period infraction, or notice
of fireworks infraction shall be disposed of pursuant to this chapter. If not, the application to set aside default judgment
shall be denied, the appearance bond shall be forfeited and applied to satisfy amounts
due under the default judgment, and the notice of traffic infraction [or],
notice of emergency period infraction, or notice of fireworks infraction
shall be finally disposed. In either case,
the court shall determine the existence of good cause or excusable neglect and notify
the person of its decision on the application in writing."
SECTION 9. Section 291D-8, Hawaii Revised Statutes, is amended to read as follows:
"§291D-8 Hearings. (a) In
proceedings to contest a notice of traffic infraction [or], notice
of emergency period infraction, or notice of fireworks infraction where the
person to whom the notice was issued has timely requested a hearing and appears
at such hearing:
(1) In lieu of the personal appearance by the officer
who issued the notice of traffic infraction [or], notice of emergency
period infraction, or notice of fireworks infraction, the court shall consider
the notice of traffic infraction [or], notice of emergency period
infraction, or notice of fireworks infraction, and any other written report
made by the officer, if provided to the court by the officer, together with any
oral or written statement by the person to whom the notice of infraction was issued,
or in the case of traffic infractions involving parking or equipment, the operator
or registered owner of the motor vehicle;
(2) The court may compel by subpoena the attendance
of the officer who issued the notice of traffic infraction [or], notice
of emergency period infraction, or notice of fireworks infraction, and other
witnesses from whom it may wish to hear;
(3) The standard of proof to be applied by the court
shall be whether, by a preponderance of the evidence, the court finds that the traffic
infraction [or], emergency period infraction, or fireworks infraction
was committed; and
(4) After due consideration of the evidence and arguments,
if any, the court shall determine whether commission of the traffic infraction [or],
emergency period infraction, or fireworks infraction has been established. Where the commission of the traffic infraction
[or], emergency period infraction, or fireworks infraction
has not been established, judgment in favor of the defendant, dismissing the notice
of traffic infraction [or], notice of emergency period infraction,
or notice of fireworks infraction or any count therein with prejudice, shall
be entered in the record. Where it has been
established that the traffic infraction [or] emergency period infraction,
or fireworks infraction was committed, the court shall enter judgment in favor
of the State and shall assess a monetary assessment pursuant to section 291D-9,
together with any fees, surcharges, or costs.
The court also shall inform the person of the right to request a trial pursuant
to section 291D-13. If the person requests
a trial at the time of the hearing, the court shall provide the person with the
trial date as soon as practicable.
(b) In proceedings to explain mitigating circumstances
where the person to whom the notice of traffic infraction [or], notice
of emergency period infraction, or notice of fireworks infraction was issued
has timely requested a hearing and appears at such hearing:
(1) The procedure shall be limited to the issue of
mitigating circumstances. A person who requests
to explain the circumstances shall not be permitted to contest the notice of traffic
infraction [or], notice of emergency period infraction[;],
or notice of fireworks infraction;
(2) After the court has received the explanation, the court shall enter judgment in favor of the State and may assess a monetary assessment pursuant to section 291D-9, together with any fees, surcharges, or costs;
(3) The court, after receiving the explanation, may vacate the admission and enter judgment in favor of the defendant, dismissing the notice of traffic infraction, notice of emergency period infraction, notice of firework infraction, or any count therein with prejudice, where the explanation establishes that the infraction was not committed; and
(4) There shall be no appeal from the judgment.
(c) If a person for whom a hearing has been scheduled,
to contest the notice of traffic infraction [or], notice of emergency
period infraction, or notice of fireworks infraction, or to explain mitigating
circumstances, fails to appear at the hearing, the court shall enter judgment by
default for the State and take action as provided in section 291D-7(e)."
SECTION 10. Section 291D-9, Hawaii Revised Statutes, is amended by amending subsections (a) through (c) to read as follows:
"(a) A person found to have committed a traffic infraction
[or], emergency period infraction, or fireworks infraction
shall be assessed a monetary assessment not to exceed the maximum fine specified
in the law or rule defining the traffic infraction [or], emergency
period infraction[.], or fireworks infraction. The court shall consider a person's financial
circumstances, if disclosed, in determining the monetary assessment.
(b) Notwithstanding section 291C-161 or any other
law to the contrary, the district court of each circuit shall prescribe a schedule
of monetary assessments for all traffic infractions [and], emergency
period infractions, and fireworks infractions, and any additional assessments
to be imposed pursuant to subsection (c).
The particular assessment to be entered on the notice of traffic infraction
[or], notice of emergency period infraction, or notice of fireworks
infraction pursuant to section 291D-5 shall correspond to the schedule prescribed
by the district court. Except after proceedings
conducted pursuant to section 291D-8 or a trial conducted pursuant to section 291D‑13,
monetary assessments assessed pursuant to this chapter shall not vary from the schedule
prescribed by the district court having jurisdiction over the traffic infraction
[or], emergency period infraction[.], or fireworks infraction.
(c) In addition to any monetary assessment imposed
for a traffic infraction [or], an emergency period infraction, or
a fireworks infraction, the court may impose additional assessments for:
(1) Failure to pay a monetary assessment by the scheduled date of payment; or
(2) The cost of service of a penal summons issued pursuant to this chapter."
SECTION 11. Section 291D-12, Hawaii Revised Statutes, is amended to read as follows:
"§291D-12
Powers of the district court judge sitting in the traffic [and],
emergency period, and fireworks division. (a) A district
court judge sitting in the traffic [and], emergency period, and
fireworks division and hearing cases pursuant to this chapter shall have all
the powers of a district court judge under chapter 604, including the following
powers:
(1) To conduct traffic
infraction [and], emergency period infraction, and fireworks infraction
hearings and to impose monetary assessments;
(2) To permit deferral of monetary assessment or impose community service in lieu thereof;
(3) To dismiss a notice
of traffic infraction [or], notice of emergency period infraction,
or fireworks infraction, with or without prejudice, or to set aside a judgment
for the State;
(4) To order temporary driver's license suspension or driver's license reinstatement;
(5) To approve the issuance or renewal of a driver's license or instruction permit pursuant to section 286‑109(c);
(6) To issue penal summonses and bench warrants and initiate contempt of court proceedings in proceedings conducted pursuant to section 291D-13;
(7) To issue penal summonses and bench warrants and initiate failure to appear proceedings in proceedings conducted pursuant to section 291D-5(d)(10); and
(8) To exercise other powers the court finds necessary and appropriate to carry out the purposes of this chapter.
(b) A district court judge sitting in the traffic
[and], emergency period, and fireworks division and hearing
cases pursuant to this chapter shall not order the director of finance to withhold
issuing or renewing the driver's license, or registering, renewing the registration
of, or issuing the title to a motor vehicle, of any person who has not paid a monetary
assessment, has not performed community service in lieu thereof, or has not otherwise
satisfied a judgment for the State entered pursuant to this chapter."
SECTION 12. Section 291D-13, Hawaii Revised Statutes, is amended by amending subsections (a) through (c) to read as follows:
"(a) There shall be no right to trial unless the defendant
contests the notice of traffic infraction [or], notice of emergency
period infraction, or fireworks infraction pursuant to section 291D-8. If, after proceedings to contest the notice of
traffic infraction or emergency period infraction, a determination is made that
the defendant committed the traffic infraction [or], emergency period
infraction, or fireworks infraction, judgment shall enter in favor of the
State. The defendant may request a trial
pursuant to the Hawaii rules of evidence and the rules of the district court; provided
that any request for trial shall be made within thirty days of entry of judgment. If, after appearing in person at a hearing to
contest the notice of traffic infraction [or] notice of emergency period
infraction, or notice of fireworks infraction, the person requests a trial
at the conclusion of the hearing, the court shall provide the person with the trial
date as soon as practicable.
(b) At the time of trial, the State shall be represented
by a prosecuting attorney of the county in which the infraction occurred. The prosecuting attorney shall orally recite the
charged civil traffic infraction [or], emergency period infraction,
or fireworks infraction in court before commencement of the trial. Proof of the defendant's commission of the traffic
infraction [or] emergency period infraction, or fireworks infraction
shall be by a preponderance of the evidence.
(c) If trial on the traffic infraction [or]
emergency period infraction, or fireworks infraction is held before trial
on any related criminal offense, the following shall be inadmissible in the subsequent
prosecution or trial of the related criminal offense:
(1) Any written or oral statement made by the defendant in proceedings conducted pursuant to section 291D-7(b); and
(2) Any testimony given by the defendant in the traffic
infraction [or], emergency period infraction, or fireworks infraction
trial.
The statement or testimony, or both, shall not be deemed a waiver of the defendant's privilege against self-incrimination in connection with any related criminal offense."
SECTION 13. Section 291D-14, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:
"(c) Notwithstanding section 604-17, while the court
is sitting in any matter pursuant to this chapter, the court shall not be required
to preserve the testimony or proceedings, except proceedings conducted pursuant
to section 291D-13 and proceedings in which the traffic infraction [or],
emergency period infraction, or fireworks infraction is heard on the same
date and time as any related criminal offense.
(d) The prosecuting attorney shall not participate
in traffic infraction [or], emergency period infraction, or fireworks
infraction proceedings conducted pursuant to this chapter, except proceedings
pursuant to section 291D-13 and proceedings in which a related criminal offense
is scheduled for arraignment, hearing, or concurrent trial."
SECTION 14. Section 132D-14, Hawaii Revised Statutes, is amended by amending its title and subsections (a) and (b) to read as follows:
"§132D-14 Penalty[.]; fireworks infractions.
(a) Any person:
(1) Importing
aerial devices, display fireworks, or articles pyrotechnic without having a valid
license under section 132D-7 shall be guilty of a class C felony;
(2) Purchasing,
possessing, setting off, igniting, or discharging aerial devices, display fireworks,
or articles pyrotechnic without a valid permit under sections 132D-10 and
132D-16, or storing, selling, or possessing aerial devices, display fireworks,
or articles pyrotechnic without a valid license under section 132D-7, or
allowing an individual to possess, set off, ignite, or otherwise cause to explode
any aerial device in violation of section 132D-14.5:
(A) If
the total weight of the aerial devices, display fireworks, or articles
pyrotechnic is twenty-five pounds or more, shall be guilty of a class C felony;
or
(B) If the total weight of the aerial devices,
display fireworks, or articles pyrotechnic is more than five pounds but less
than twenty-five pounds, shall be guilty of a misdemeanor;
(3) Who
transfers or sells aerial devices, display fireworks, or articles pyrotechnic
to a person who does not have a valid permit under sections 132D-10 and 132D-16,
shall be guilty of a class C felony; and
(4) Who
removes or extracts the pyrotechnic contents from any fireworks or articles pyrotechnic
and uses the contents to construct fireworks, articles pyrotechnic, or a fireworks
or articles pyrotechnic related device shall be guilty of a misdemeanor.
(b)
Except as provided in subsection (a) or as otherwise specifically
provided for in this chapter, any person violating any other provision of this
chapter, shall be fined [not more than $2,000 for each violation.] $500,
subject to the adjudication proceedings under chapter 291D. Notwithstanding any provision to the contrary
in this section, any person violating section 132D-14.5 shall be fined [at
least] $500 [and no more than $2,000.], subject to the adjudication
proceedings under chapter 291D."
SECTION 15. Section 571-41, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) The judge, or the senior judge if there is more than one, may by order confer concurrent jurisdiction on a district court created under chapter 604 to hear and dispose of cases of violation of traffic laws, ordinances, fireworks infractions, or emergency period rules by children, provision to the contrary in section 571-11 or elsewhere notwithstanding. The exercise of jurisdiction over children by district courts shall, nevertheless, be considered noncriminal in procedure and result in the same manner as though the matter had been adjudicated and disposed of by a family court."
SECTION 16. Section 601-3.7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established in the state treasury a special fund to be known as the judiciary computer system special fund, which shall contain the following:
(1) Moneys collected from administrative fees pursuant to section 287-3(a);
(2) Fees prescribed by the supreme court by rule of court for electronic document certification, electronic copies of documents, and for providing bulk access to electronic court records and compilations of data; and
(3) Fees pursuant to sections 607-4(b)(10) and 607‑5(c)(32)[.];
and
(4) Fees pursuant to section 291D-9 for fireworks infractions. For the purposes of this paragraph, "fireworks infraction" has the same meaning as defined under section 291D-2."
SECTION 17. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 to update the judiciary information management system to implement the adjudications process established by this Act.
The sum appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 18. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 19. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 20. This Act shall take effect upon its approval; provided that section 17 shall take effect on July 1, 2022.
Report Title:
Fireworks; Fireworks Infractions; Adjudication; Fines; Judiciary; Appropriation
Description:
Incorporates the new fireworks citations into the existing traffic and emergency order citation system under Chapter 291D, Hawaii Revised Statutes. Appropriates funds. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.