Report Title:

Highway Racing; DUI; Vehicle Forfeiture

Description:

Authorizes the forfeiture of the vehicle used in the commission of a street racing offense where defendant has one prior conviction within a five-year period. Mandates forfeiture of the vehicle used in the commission of a street racing offense when the defendant has had at least two prior convictions within a five-year period. Authorizes vehicle forfeiture for a repeat offender previously convicted of committing the offense of operating a vehicle under the influence of an intoxicant who is the registered owner of the motor vehicle, and increases community service requirements.

 

THE SENATE

S.B. NO.

2141

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to transportation.

 

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; provided that the following additional penalties shall also apply:

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

(A) A one-year license suspension; and

(B) The vehicle used by the defendant in the commission of the offense may be ordered by the court to be subject to forfeiture under chapter 712A; and

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

(A) A three-year license suspension; and

(B) [A vehicle owned by the defendant and used in the commission of the offense which has been used in at least two prior offenses that resulted in convictions may] The vehicle used by the defendant in the commission of the offense shall be ordered by the court to be subject to forfeiture under chapter 712A."

SECTION 2. Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced as follows without possibility of probation or suspension of sentence:

(1) For the first offense, or any offense not preceded within a five-year period by a conviction for an offense under this section or section 291E-4(a):

(A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

(B) Ninety-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the ninety-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the ninety-day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in substance abuse treatment programs;

(C) Any one or more of the following:

(i) Seventy-two hours of community service work;

(ii) Not less than forty-eight hours and not more than five days of imprisonment; or

(iii) A fine of not less than $150 but not more than $1,000; and

(D) A surcharge of $25 to be deposited into the neurotrauma special fund;

(2) For an offense that occurs within five years of a prior conviction for an offense under this section or section 291E-4(a) by:

(A) Prompt suspension of license and privilege to operate a vehicle for a period of one year with an absolute prohibition from operating a vehicle during the suspension period;

(B) Either one of the following:

(i) Not less than [two hundred forty hours] thirty days of community service work; or

(ii) Not less than five days but not more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively;

(C) A fine of not less than $500 but not more than $1,500; and

(D) A surcharge of $25 to be deposited into the neurotrauma special fund;

(3) For an offense that occurs within five years of two prior convictions for offenses under this section or section 291E-4(a):

(A) A fine of not less than $500 but not more than $2,500;

(B) Revocation of license and privilege to operate a vehicle for a period not less than one year but not more than five years;

(C) Not less than ten days but not more than thirty days imprisonment, of which at least forty-eight hours shall be served consecutively; [and]

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; [and]

(E) Not less than sixty days of community service; and

(F) Forfeiture pursuant to chapter 712A of any motor vehicle operated at the time of an offense under this section or section 291E-4(a); provided that the person convicted is the registered owner of the motor vehicle; and

(4) Any person eighteen years of age or older who is convicted under this section and who operated a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty-eight hours; provided that the total term of imprisonment for a person convicted under this paragraph and paragraph (1), (2), or (3) shall not exceed thirty days."

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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