Report Title:

Littering

Description:

Makes sworn statements to qualified authority prima facie evidence of commission of crimes of littering from a vehicle.

HOUSE OF REPRESENTATIVES

H.B. NO.

1633

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CRIME.

 

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

SECTION 1. Section 291C-132, Hawaii Revised Statutes, is amended to read as follows:

"§291C-132 Littering from vehicles. (a) No person shall throw, place, or drop litter from a vehicle on any highway. The driver or registered owner of the vehicle may be cited for any litter thrown, placed, or dropped from the vehicle.

(b) "Litter" means rubbish, refuse, waste material, garbage, trash, offal, or debris of whatever kind or description, whether or not it is of value, and includes improperly discarded paper, metal, plastic, glass, or solid waste.

(c) The court shall sentence any person convicted of the offense of littering from vehicles as follows:

(1) For the first offense, defendant shall spend four hours of either picking up litter on public property or performing community service.

(2) For any subsequent offense, defendant shall spend eight hours of either picking up litter on public property or performing community service.

(d) The court shall fine the person convicted of committing the offense of littering at least $25, but not more than $500.

(e) A sworn statement to a qualified authority by a witness to the crime that identifies the license plate number of the vehicle from which the litter was dropped constitutes prima facie evidence of commission of the offense.

(f) A registered owner shall be charged only if identification is made by identification of license plates. It shall be an affirmative defense for a driver or registered owner to identify the party who actually threw, placed, or dropped the litter which led to the citation.

(g) For the purposes of this section, "qualified authority" shall mean an entity to which a sworn statement can be made and which statement is then admissible as evidence as in a court of law."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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