Report Title:

Speeding; Vehicle Forfeiture

Description:

Authorizes forfeiture of motor vehicle if operated 30 miles per hour or more in excess of speed; provided that court may not order forfeiture if vehicle was stolen.

HOUSE OF REPRESENTATIVES

H.B. NO.

1845

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO TRAFFIC ENFORCEMENT.

 

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

SECTION 1. Section 291C-102, Hawaii Revised Statutes, is amended to read as follows:

"291C-102 Noncompliance with speed limit prohibited. (a) No person shall drive a vehicle at a speed greater than a maximum speed limit and no person shall drive a motor vehicle at a speed less than a minimum speed limit established by county ordinance.

(b) The director of transportation with respect to highways under the director's jurisdiction may place signs establishing maximum speed limits or minimum speed limits. Such signs shall be official signs and no person shall drive a vehicle at a speed greater than a maximum speed limit and no person shall drive a motor vehicle at a speed less than a minimum speed limit stated on such signs.

(c) If the maximum speed limit is exceeded by more than ten miles per hour, a surcharge of $10 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

(d) In addition to the penalties prescribed by section 291C-161 and the surcharge imposed pursuant to subsection (c), where a person violates this section by operating a vehicle at a speed exceeding the posted speed limit by thirty miles per hour or more, the court may order the vehicle involved in the offense forfeited to the State for disposition pursuant to section 712A-16 if, under the totality of circumstances, including the threat to human life posed by the person's conduct and the person's prior record of traffic offenses, the court determines that forfeiture is necessary to reflect the seriousness of the offense, to deter others from committing the offense, and to prevent the person from repeating the offense; provided that forfeiture of a vehicle owned by a person other than the offender shall be prohibited only if, at the time of the offense, the offender was operating a stolen vehicle."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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