Report Title:

Arrest, Traffic, Failure to Identify

Description:

Provides criminal penalties for failure of a driver to provide identification when detained for a traffic violation.

THE SENATE

S.B. NO.

1121

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to PENALTIES AND PROCEDURE ON ARREST.

 

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

SECTION 1. The legislature finds that the present lack of penalty in section 291C-172, Hawaii Revised Statutes, severely hampers the ability of law enforcement officials to carry out their enforcement duties. The effect of Act 214, Regular Session of 1993, 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 individuals who lack a valid driver's license or are 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 citation 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 because of the limited resources available to law enforcement, this situation places undue restrictions on and impediments to effective law enforcement and must therefore be eliminated. In these cases, the legislature believes that physical arrest of an individual is justified in the interest of 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 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.] chapters 286, 291, and 291C shall be fined $200 or imprisoned not more than ten days, or both."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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By Request