Bill Text: HI SB1092 | 2023 | Regular Session | Amended
Bill Title: Relating To Penalties.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2023-02-14 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [SB1092 Detail]
Download: Hawaii-2023-SB1092-Amended.html
THE SENATE |
S.B. NO. |
1092 |
THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature recognizes that the impact of criminal prosecution, rather than civil litigation, for violations of section 286-102, Hawaii Revised Statutes, has severely strained the criminal justice process. These offenses require resources from the judiciary, county prosecutors, defense attorneys, and law enforcement, while very few cases are resolved through a trial on the merits.
The legislatures notes that persons who are convicted of violations of section 286-102, Hawaii Revised Statutes, are typically sentenced to large fines, which often result in driver's license stoppers, or suspensions, that prevent the person from maintaining a valid state driver's license in compliance with the law.
Accordingly, the purpose of this Act is to:
(1) Re-examine and reduce the resource strain on private and government actors in resolving violations of section 286-102, Hawaii Revised Statutes, by amending section 286-136, Hawaii Revised Statutes, to remove violations of the applicable section as a criminal offense; and
(2) Place section 286-102, Hawaii Revised Statutes, in the purview of the civil legal system, where other similar traffic violations and infractions are already governed and adjudicated.
SECTION 2. Section 286-136, Hawaii Revised Statutes, is amended to read as follows:
"§286-136
Penalty. (a) Except as provided in subsection (b)[,]
or (c), any person who violates section [286-102,] 286‑122,
286-130, 286-131, 286-132, 286-133, or 286-134 shall be fined [no] not
more than $1,000 or imprisoned [no] not more than thirty days, or
both. Any person who violates any other
section in this part shall be fined no more than $1,000.
(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 [no] 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.
(c) Any person found in violation of section 286‑102
shall be subject to a fine of not less than $
but not more than $ .
[(c)]
(d) Notwithstanding subsections
(a) [and], (b), and (c), a minor under the age of eighteen
under the jurisdiction of the family court who is subject to this section shall
either lose the right to drive a motor vehicle until the age of eighteen or be
subject to a fine of $500.
[(d)]
(e) Any person subject to a fine
under this section and who fails to timely pay the fine shall be given an
opportunity to petition the court to demonstrate that the person's nonpayment
or inability to pay is not wilful; provided that if the person petitions the
court, the court shall make an individualized assessment of the person's
ability to pay based upon the totality of the circumstances, including the
person's disposable income, financial obligations, and liquid assets; provided
further that if the court determines that the person's nonpayment or inability
to pay is not wilful, the court may enter an order that allows additional time
for payment; reduces the amount of each installment; revokes the fee or fine,
or unpaid portion thereof, in whole or in part; or converts any outstanding
fine to community service."
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, 2050.
Report Title:
Penalties;
Driver's License; Fines
Description:
Makes driving without a license a civil violation. Establishes fines. Takes effect 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.