Bill Text: HI SB2117 | 2022 | Regular Session | Introduced
Bill Title: Relating To Traffic Violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-21 - Referred to PSM, JDC. [SB2117 Detail]
Download: Hawaii-2022-SB2117-Introduced.html
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THE SENATE |
S.B. NO. |
2117 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to traffic violations.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that section 291C-172, Hawaii
Revised Statutes, "[r]efusal to provide identification", does not adequately
address situations in which the violator of a traffic law is stopped by a police
officer and refuses to provide any personal identifying information, or provides
obviously false information. Currently, this
section only allows a law enforcement officer to issue a citation for this violation.
However, if the violator is not providing
the officer with their identifying information, a citation cannot be issued, making
this law impractical. This impracticality
hinders law enforcement in the performance of the critical duty of traffic enforcement,
especially in relation to pedestrians or bicycles. It is critical that police officers have the option
to arrest a violator of section 291C-172 when the person refuses to identify themselves,
as a deterrent to this type of behavior.
The legislature further finds that section 291C-23,
Hawaii Revised Statutes, "[o]bedience to police officers", covers similar
traffic situations in which a person willfully fails or refuses to comply with any
lawful order or direction of a police officer who is controlling traffic. Violating section 291C-23 is a petty misdemeanor.
Accordingly, the purpose of this Act is to amend section 291C-172, Hawaii Revised Statutes, to change the penalty for violation of this section from a traffic infraction to a petty misdemeanor. This adjustment will allow a functional progression for officers to follow in the event a traffic law violator refuses to provide a police officer with their information.
SECTION 2. Section 291C-172, Hawaii Revised Statutes, is amended to read as follows:
"§291C-172
Refusal to provide identification.
(a) Except as provided in
subsection (b), any person detained for a violation of this chapter shall
provide the person's name and address[, or], and any proof
thereof, [or both,] upon the lawful order or direction of any police
officer in the course and scope of the officer's duties pursuant to this
chapter.
(b) A pedestrian who is detained for violating part VII of this chapter shall provide the person's name and address upon the lawful order or direction of a police officer in the course and scope of the officer's duties. If the officer has reasonable grounds to believe that the person is being deceptive or misleading in providing the person's name and address, the person shall provide such proof thereof, upon the lawful order or direction of the police officer.
(c) Refusal to provide identification is a petty misdemeanor."
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 upon its approval.
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INTRODUCED BY: |
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By Request |
Report Title:
Honolulu Police Department Package; Traffic Code; Refusal to Provide Information
Description:
Specifies that refusing to provide identifying information to a police officer when being detained for a traffic offense is a petty misdemeanor.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
