STAND. COM. REP. NO.692-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2084

H.D. 2




Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2084, H.D. 1, entitled:


begs leave to report as follows:

The purpose of the bill is to repeal Part VII Pedestrian's Rights and Duties of the Traffic Code and re-enact the provisions to include prohibitions against jaywalking.

Your Committee received testimony in support of the measure from the Department of Transportation and two concerned individuals. The Honolulu Police Department supported the intent of the measure. The Office of the Public Defender provided testimony in opposition to the measure.

Your Committee finds that pedestrian fatalities are a serious concern; however, sentencing convicted jaywalkers to prison represents a disproportionate response to this problem. In addition, your Committee finds that part of the problem occurs because motorists fail to stop and yield for pedestrians.

Your Committee has amended this bill by:

(1) Repealing incarceration penalties for jaywalking;

(2) Redefining "yield" to mean stopping as required to avoid injury or damage; and

(3) Making technical, nonsubtantive amendments for purposes of style and clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2084, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2084, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,