Bill Text: HI SB2195 | 2010 | Regular Session | Introduced

Hawaii Senate Bill 2195 (Prior Session Legislation)

Introduced

Bill Title: Statewide Traffic Code; Excessive Speeding; Probation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-21 - (S) Referred to TIA, JGO. [SB2195 Detail]

Download: Hawaii-2010-SB2195-Introduced.html

THE SENATE	S.B. NO.	2195
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to the statewide traffic code.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 291C-105, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person who violates this section shall be guilty of a petty misdemeanor and shall be sentenced as follows without the possibility of [~~probation or~~] suspension of sentence:

(1) For a first offense not preceded by a prior conviction for an offense under this section in the preceding five years[:] by probation on the following conditions:

(A) A fine of not less than $500 and not more than $1,000;

(B) Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work-related purposes;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund;

(E) May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders;

(F) An assessment for driver education pursuant to section 286G-3; and

(G) Either one of the following:

(i) Thirty-six hours of community service work; or

(ii) Not less than forty-eight hours and not more than five days of imprisonment;

(2) For an offense that occurs within five years of a prior conviction for an offense under this section, by[:] probation on the following conditions:

(A) A fine of not less than $750 and not more than $1,000;

(B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund;

(E) May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders;

(F) An assessment for driver education pursuant to section 286G-3; and

(G) [~~Either one~~] One of the following:

(i) Not less than one hundred twenty hours of community service work; [or]

(ii) Not less than five days but not more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively; [~~and~~] or

(iii) Probation.

(3) For an offense that occurs within five years of two prior convictions for offenses under this section, by[:] probation on the following conditions:

(A) A fine of $1,000;

(B) Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than one year;

(D) No fewer than ten days but no more than thirty days of imprisonment of which at least forty-eight hours shall be served consecutively;

(E) A surcharge of $25 to be deposited into the neurotrauma special fund;

(F) May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders; and

(G) An assessment for driver education pursuant to section 286G-3."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Statewide Traffic Code; Excessive Speeding; Probation

Description:

Allows probation as a penalty for excessive speeding.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.