REPORT TITLE:
Traffic Stop; ID


DESCRIPTION:
Provides penalties for failure of a driver to have a valid
driver's license in the driver's immediate possession. (HB1528
HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1528
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PENALTIES AND PROCEDURES ON ARREST.



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

 1      SECTION 1.  Section 286-116, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "286-116  License, insurance identification card,
 
 4 possession, exhibition.(a)  Every [licensee] driver shall have
 
 5 a valid driver's license in the [licensee's] driver's immediate
 
 6 possession at all times, and a valid motor vehicle or liability
 
 7 insurance identification card applicable to the motor vehicle
 
 8 operated as required under section 431:10C-107 and section
 
 9 431:10G-106, when operating a motor vehicle, and shall display
 
10 the same upon demand of a police officer.  Every police officer
 
11 or law enforcement officer when stopping a vehicle or inspecting
 
12 a vehicle for any reason shall demand that the driver or owner
 
13 display the driver's or owner's driver's license and insurance
 
14 identification card.  No person charged with violating this
 
15 section shall be convicted if the person produces in court, or
 
16 proves from the proper official or other records that the person
 
17 was the holder of a driver's license or a motor vehicle or
 
18 liability insurance identification card and policy conforming to
 
19 article 10C and article 10G of chapter 431 or a certificate of
 
20 self-insurance issued by the insurance commissioner pursuant to
 

 
Page 2                                                     1528
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 section 431:10C-107 and section 431:10G-103, theretofore issued
 
 2 to the person and valid at the time of the person's arrest.
 
 3      (b)  At any time a law enforcement officer finds a motor
 
 4 vehicle in operation by a driver not in possession of a valid
 
 5 driver's license or the motor vehicle or liability insurance
 
 6 identification card required under section 431:10C-107 and
 
 7 section 431:10G-106, the officer shall issue a citation with the
 
 8 earliest possible date for court appearance in every instance.
 
 9      (c)  In all instances in which a citation shall be issued
 
10 under subsection (b), whenever the driver cited is not found to
 
11 be the registered owner of the motor vehicle under operation, the
 
12 citation shall also be issued to the driver as the owner's agent
 
13 and to the registered owner of the motor vehicle.  Whenever the
 
14 registered owner of any motor vehicle permits any person to
 
15 operate the registered owner's motor vehicle, the registered
 
16 owner appoints, designates, and constitutes the driver the
 
17 registered owner's agent for all purposes under this section and
 
18 section 431:10C-107, section 431:10G-106, and section 805-13.
 
19      (d)  The operation of any motor vehicle required to be
 
20 licensed on a highway by a driver, whether or not licensed, who
 
21 knows, or has reason to believe, that the motor vehicle is not
 
22 insured in compliance with article 10C and article 10G of chapter
 
23 431, shall constitute a violation of this chapter.
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (e)  Any registered owner of any motor vehicle required to
 
 2 be licensed, who directly or indirectly permits the operation of
 
 3 such motor vehicle on any highway at any time the motor vehicle
 
 4 is not insured in compliance with article 10C and article 10G of
 
 5 chapter 431, shall be guilty of a violation of this chapter.  The
 
 6 registered owner shall, in all cases, be presumed to know whether
 
 7 a motor vehicle is insured in compliance with article 10C and
 
 8 article 10G of chapter 431."
 
 9      SECTION 2.  Section 286-136, Hawaii Revised Statutes is
 
10 amended as follows:
 
11      "286-136  Penalty.(a)  Except as provided in subsection
 
12 (b), any person who violates section 286-102, 286-116, 286-122,
 
13 286-130, 286-131, 286-132, 286-133, or 286-134 shall be fined not
 
14 more than $1,000 or imprisoned not more than thirty days, or
 
15 both.  Any person who violates any other section in this part
 
16 shall be fined not more than $1,000.
 
17      (b)  Any person who is convicted of violating section
 
18 286-102, 286-116, 286-122, 286-130, 286-131, 286-132, 286-133, or
 
19 286-134 shall be subject to a maximum fine of $1,000, or
 
20 imprisoned not more than one year, or both, if the person has two
 
21 or more prior convictions for the same offense in the preceding
 
22 five-year period."
 
23      SECTION 3.  This Act does not affect rights and duties that
 

 
Page 4                                                     1528
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 matured, penalties that were incurred, and proceedings that were
 
 2 begun, before its effective date.
 
 3      SECTION 4.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 5.  This Act shall take effect upon its approval.