REPORT TITLE:
Drivers; Aggressive; Penalties


DESCRIPTION:
Creates the offense of aggressive driving.  Imposes penalties,
similar to DUI penalties, including suspension of license,
attending anger management or traffic safety program, community
service, imprisonment, and fine between $150 to $2,500.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1206
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO AGGRESSIVE DRIVING.
 


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

 1      SECTION 1.  Section 286-2, Hawaii Revised Statutes, is
 
 2 amended by adding a new definition to be appropriately inserted
 
 3 and to read as follows:
 
 4      ""Aggressive driving" means the operation of a motor vehicle
 
 5 by a person in a belligerent, contentious, antagonistic,
 
 6 threatening, or intimidating manner that endangers the safety of
 
 7 another person or property.  "Aggressive driving" also includes
 
 8 the intent to cause another motorist to lose control of the motor
 
 9 vehicle or to be forced off the highway surface, and the pointing
 
10 or brandishing of a firearm by either the driver or a passenger
 
11 in such a manner as to reasonably induce fear in the mind of
 
12 another."
 
13      SECTION 2.  Chapter 291, Hawaii Revised Statutes, is amended
 
14 by adding a new section to be appropriately designated and to
 
15 read as follows:
 
16      "291-    Aggressive driving; penalty.  (a)  A person
 
17 commits the offense of aggressive driving if the person:
 
18      (1)  Operates a motor vehicle in a belligerent, contentious,
 
19           or antagonistic manner that endangers the safety of
 

 
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 1           another person or property;
 
 2      (2)  Operates a motor vehicle with a wilful and wanton
 
 3           disregard for the life, limb, or property of another
 
 4           person;
 
 5      (3)  Operates a motor vehicle while either the driver or a
 
 6           passenger is pointing or brandishing a firearm, or any
 
 7           object similar in appearance to a firearm, regardless
 
 8           of whether capable of being fired, in such a manner as
 
 9           to reasonably induce fear in the mind of another.  For
 
10           purposes of this paragraph, the term "firearm" has the
 
11           same meaning as in section 134-1; or
 
12      (4)  Operates a motor vehicle in a threatening or
 
13           intimidating manner with the intent to cause another
 
14           motorist to lose control of the motor vehicle or to
 
15           cause another motorist to be forced off the highway
 
16           surface.
 
17      (b)  A person committing the offense of aggressive driving
 
18 shall be sentenced as follows without possibility of probation or
 
19 suspension of sentence:
 
20      (1)  For the first offense, or any offense not preceded
 
21           within a five-year period by a conviction under this
 
22           section, by:
 
23           (A)  A fourteen-hour minimum anger management or
 

 
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 1                traffic safety program, or other comparable
 
 2                program deemed appropriate by the court;
 
 3           (B)  Ninety-day prompt suspension of license with
 
 4                absolute prohibition from operating a motor
 
 5                vehicle during suspension of license, or the court
 
 6                may impose, in lieu of the ninety-day prompt
 
 7                suspension of license, a minimum thirty-day prompt
 
 8                suspension of license with absolute prohibition
 
 9                from operating a motor vehicle and, for the
 
10                remainder of the ninety-day period, a restriction
 
11                on the license that allows the person to drive for
 
12                limited work-related purposes and to participate
 
13                in anger management or traffic safety, or other
 
14                comparable programs; and
 
15           (C)  Any one or more of the following:
 
16                (i)  Seventy-two hours of community service work;
 
17               (ii)  Not less than forty-eight hours and not more
 
18                     than five days of imprisonment; or
 
19              (iii)  A fine of not less than $150 but not more
 
20                     than $1,000.
 
21      (2)  For an offense which occurs within five years of a
 
22           prior conviction under this section, by:
 
23           (A)  Prompt suspension of license for a period of one
 

 
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 1                year with the absolute prohibition from operating
 
 2                a motor vehicle during suspension of license;
 
 3           (B)  Either one of the following:
 
 4                (i)  Not less than one hundred hours of community
 
 5                     service work; or
 
 6               (ii)  Not less than forty-eight consecutive hours
 
 7                     but not more than fourteen days of
 
 8                     imprisonment of which at least forty-eight
 
 9                     hours shall be served consecutively; and
 
10           (C)  A fine of not less than $500 but not more than
 
11                $1,500.
 
12      (3)  For an offense which occurs within five years of two
 
13           prior convictions under this section, by:
 
14           (A)  A fine of not less than $500 but not more than
 
15                $2,500;
 
16           (B)  Revocation of license for a period not less than
 
17                one year but not more than five years; and
 
18           (C)  Not less than ten days but not more than thirty
 
19                days imprisonment of which at least forty-eight
 
20                hours shall be served consecutively.
 
21      (4)  Notwithstanding any other law to the contrary, any
 
22           conviction for aggressive driving, shall be considered
 
23           a prior conviction.
 

 
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 1      (5)  No license suspension or revocation shall be imposed
 
 2           pursuant to this subsection if the person's license has
 
 3           previously been administratively revoked pursuant to
 
 4           part XIV of chapter 286 for the same offense; provided
 
 5           that, if the administrative revocation is subsequently
 
 6           reversed, the person's license shall be suspended or
 
 7           revoked as provided in this subsection.
 
 8      (c)  Notwithstanding any other law to the contrary, whenever
 
 9 a court revokes a person's driver's license pursuant to this
 
10 section, the examiner of drivers shall not grant to the person an
 
11 application for a new driver's license for a period to be
 
12 determined by the court.
 
13      (d)  The requirement to provide proof of financial
 
14 responsibility pursuant to section 287-20 shall not be based upon
 
15 a revocation under part XIV of chapter 286 unless the person's
 
16 license had been previously revoked under that part in the
 
17 five-year period immediately preceding the revocation at issue,
 
18 nor shall the requirement to provide proof of financial
 
19 responsibility pursuant to section 287-20 be based upon a
 
20 sentence imposed under subsection (b)(1).
 
21      (e)  As used in this section the terms "aggressive driving",
 
22 "driver", "driver's license", and "examiner of drivers", shall
 
23 have the same meanings as provided in section 286-2 and the term
 

 
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 1 "vehicle" shall have the same meaning as provided in section
 
 2 291C-1.
 
 3      (f)  The privilege of driving a motor vehicle on the
 
 4 highways of this State and the several counties, given to a
 
 5 nonresident under the laws of this State, shall be subject to
 
 6 suspension by the court in like manner, and for like cause, the
 
 7 same as a driver's license issued by this State may be
 
 8 suspended."
 
 9      SECTION 3.  Section 287-20, Hawaii Revised Statutes, is
 
10 amended by amending subsection (b) to read as follows:
 
11      "(b)  Whenever by reason of a conviction of, or adjudication
 
12 under part V of chapter 571 by reason of, any of the offenses
 
13 listed in this subsection, under the laws of the State or
 
14 ordinances of any political subdivision, a court of competent
 
15 jurisdiction has discretion to revoke or suspend a driver's
 
16 license but does not revoke or suspend the license, the
 
17 administrator shall nevertheless after the expiration of thirty
 
18 days from the date of conviction or adjudication suspend the
 
19 license and shall keep the same suspended, and the person so
 
20 convicted or adjudicated shall not thereafter operate a motor
 
21 vehicle, unless and until the person so convicted or adjudicated
 
22 furnishes and thereafter maintains proof of financial
 
23 responsibility.  The offenses referred to are:
 

 
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 1      (1)  Reckless or inattentive driving, aggressive driving,
 
 2           driving while under the influence of intoxicating
 
 3           liquor, driving while under the influence of drugs, and
 
 4           driving while that person's license has been suspended
 
 5           or revoked, except when a person's license has been
 
 6           suspended or revoked for the first conviction of
 
 7           driving without a motor vehicle insurance policy;
 
 8      (2)  Conviction or adjudication under part V of chapter 571
 
 9           by reason of any moving violation offense involving a
 
10           motor vehicle if the motor vehicle is in any manner
 
11           involved in an accident in which any person is killed
 
12           or injured, or in which damage to property results to
 
13           an apparent extent in excess of $3,000 and there are
 
14           reasonable grounds for the administrator to believe
 
15           that the defendant is at fault; and
 
16      (3)  Driving without a valid motor vehicle insurance policy
 
17           if the conviction occurs within a five-year period from
 
18           any prior conviction."
 
19      SECTION 4.  This Act does not affect rights and duties that
 
20 matured, penalties that were incurred, and proceedings that were
 
21 begun, before its effective date.
 
22      SECTION 5.  New statutory material is underscored.
 

 
 
 
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 1      SECTION 6.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________