Report Title:

Police

Description:

Authorizes the police to arrest persons detained for traffic violations who refuse to provide information about themselves.

THE SENATE

S.B. NO.

1180

TWENTY-SECOND LEGISLATURE, 2003

 

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. The effect of Act 214, Session Laws of Hawaii 1993, establishing on July 1, 1994, chapter 291D, Hawaii Revised Statutes, on the administrative adjudication of traffic infractions, prevents 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 individuals will attempt to conceal their 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 summonses, they are unable to verify the accuracy of the information given by such individuals and must rely on the information given to them or if no information is given, no action is taken.

The legislature finds that because of the limited resources available to law enforcement, undue restrictions and impediments have inadvertently been placed in the way of 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 detained for a] Any driver of a motor vehicle or moped detained for a violation of [this chapter shall] chapters 286, 291, or this chapter, 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 this chapter, shall be fined $200, 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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