Report Title:

Procedures on Arrest; Penalties

 

Description:

Provides authority to arrest driver of vehicle or moped in a traffic stop when driver refuses to provide information or if there is a reasonable belief that person is providing inaccurate or misleading information.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1185

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to penalties and procedures on arrest.

 

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

SECTION 1. The legislature finds that the present penalty of section 291C-172, Hawaii Revised Statutes, severely hampers the ability of law enforcement officials to carry out their enforcement duties. State legislation enacted during the past decade has prevented police from correctly identifying persons stopped for traffic violations.

The problem for law enforcement arises when officers encounter situations in which they are unable to ascertain the true identity of an individual involved in a traffic stop. This usually involves an individual who lacks a valid driver's license or is evading detection on an outstanding penal summons, arrest warrant, restraining order, or criminal investigation. In these instances, the individual will attempt to conceal the individual's true identity by providing incomplete, inaccurate, or false information to the police. Some will often refuse to give any information at all. Because police are limited in traffic stop situations to issuing citations and summons, they are unable to verify the accuracy of the information given by such individuals and must rely on the information given to them or in the case where no information is given, they are restricted from taking any action.

The legislature finds that the limited resources available to law enforcement only restrict and impede effective law enforcement and should be eliminated. In these traffic stop cases, the legislature believes that the physical arrest of an individual is justified in the interest of the public and the officer's safety.

The purpose of this Act is to give police the authority to arrest a person for refusing to provide information under the requirements set forth in section 291C-172, Hawaii Revised Statutes, or if there is a reasonable basis for believing that the person is providing inaccurate, deceptive, or misleading information as to the person's identity and residence.

SECTION 2. Section 291C-172, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [Except as provided in subsection (b), any person] Any driver of a motor vehicle or moped detained for a violation of [this chapter shall] chapter 286, 291, or 291C who fails to provide the person's name and address, or 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.] chapter 286, 291, or 291C shall be fined $200 or imprisoned not more than ten days, or both."

SECTION 3. Section 291C-172, Hawaii Revised Statutes, is amended to read as follows:

"(a) [Except as provided in subsection (b), any person] Any driver of a motor vehicle or moped detained for a violation of [this chapter shall] chapter 286, 291, 291C, or 291E who fails to provide the person's name and address, or 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.] chapter 286, 291, 291C, or 291E shall be fined $200 or imprisoned not more than ten days, or both."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that section 3 shall take effect on January 1, 2002.

INTRODUCED BY:

_____________________________