Report Title:

Racing on Highways; License Suspension; Fine

Description:

Imposes stricter penalties on persons convicted of racing on highways at greater than thirty miles per hour over speed limit. (SD2)

THE SENATE

S.B. NO.

2017

TWENTY-SECOND LEGISLATURE, 2004

S.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to racing on highways.

 

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

SECTION 1. Section 291C-103, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) Any person who violates this section while operating a vehicle at a speed exceeding the posted speed limit by thirty miles per hour or more shall be subject to a fine of not more than $2,000, a term of imprisonment of not more than one year, or both and a one-year license suspension; provided that the following additional penalties shall also apply:

[(1) For an offense that occurs within five years of a prior conviction, a one-year license suspension;

(2) For an offense that occurs within five years of two prior convictions:

(1) For an offense that occurs within five years of a prior conviction, the person:

(A) [A] Shall be subject to a three-year license suspension; and

(B) [A] May be subject to a vehicle forfeiture under chapter 712A if the vehicle owned by the defendant [and] is used in the commission of [the] the present offense [which] and has been used in [at least two] a prior [offenses] offense that resulted in [convictions] a conviction [may be ordered by the court to be subject to forfeiture under chapter 712A.];

(2) For a third offense that occurs within five years of two prior convictions, the person shall be subject to a fine of not more than $10,000, guilty of a class C felony, or both and subject to a five-year license suspension;"

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 4. This Act shall take effect on July 1, 2010.