Bill Text: HI SB643 | 2011 | Regular Session | Amended
Bill Title: Excessive Speeding; Repeat Offender; Forfeiture of Vehicle
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed - Dead) 2011-03-16 - (H) The committee(s) recommends that the measure be deferred. [SB643 Detail]
Download: Hawaii-2011-SB643-Amended.html
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THE SENATE |
S.B. NO. |
643 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EXCESSIVE SPEEDING.
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:
(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;
(C) Attendance in a course of instruction in driver retraining;
(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]:
(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;
(C) Attendance in a course of instruction in driver retraining;
(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) 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
(3) For an offense that occurs within five years of
two prior convictions for offenses under this section[, by]:
(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;
(C) Attendance in a course of instruction in driver retraining;
(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] 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[.]; and
(H) If the court so orders, forfeiture under chapter 712A of any vehicle owned by the defendant that is used in the commission of the offense if the defendant has at least two prior convictions for offenses under this section."
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. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Excessive Speeding; Repeat Offender; Forfeiture of Vehicle
Description:
Authorizes the court to order forfeiture of any vehicle owned by the defendant if it was used in the commission of the excessive speeding offense and if the defendant has at least 2 prior excessive speeding convictions. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
