Report Title:

Crimes; Traffic Safety; Speeding

Description:

Makes excessive speeding a petty misdemeanor and establishes penalties including driver's license suspension or revocation, driver retraining, fines, assessments, community service, and imprisonment.

THE SENATE

S.B. NO.

2749

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SPEEDING.

 

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

SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"291C- Excessive speeding. (a) No person shall drive a vehicle at a speed exceeding:

(1) The applicable state or county speed limit by twenty-five miles per hour or more; or

(2) Eighty miles per hour or more, irrespective of the applicable state or county speed limit.

(b) Any person who violates this section shall be guilty of a petty misdemeanor and shall be sentenced as follows without possibility of probation or suspension of sentence:

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

(A) A fine of not less than $500 but not more than $1,000;

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

(C) Attendance in a course of instruction in driver retraining;

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

(E) An assessment for drivers education pursuant to section 286G-3; and

(F) Either one of the following:

(i) Thirty-six hours of community service work; or

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

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

(A) A fine of not less than $750 but not more than $1,000;

(B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;

(C) Attendance in a course of instruction in driver retraining;

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

(E) An assessment for drivers education pursuant to section 286G-3; and

(F) Either one of the following:

(i) Not less than one hundred twenty hours or 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; and

(3) For an offense that occurs within five years of two prior convictions for offenses under this section by:

(A) A fine of $1,000;

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

(C) Attendance in a course of instruction for driver retraining;

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

(E) A surcharge of $25 to be deposited into the neurotrama special fund; and

(F) An assessment for drivers education pursuant to section 286G-3."

SECTION 2. Section 286G-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A driver education assessment of $7 shall be levied on a finding that a violation of a statute or county ordinance relating to vehicles or their drivers or owners occurred, except for:

(1) Offenses relating to stopping (when prohibited), standing, or parking;

(2) Offenses relating to registration; and

(3) Offenses by pedestrians.

In addition, [a] driver education [assessment] assessments of: $100 shall be levied on persons convicted under section 291E-61 to defray costs of services provided by the driver education and training program; [and] $50 shall be levied on persons required to attend a child passenger restraint system safety class under section 291-11.5[.]; and $75 shall be levied on persons convicted under section 291C- to defray costs of services provided by the driver education and training program."

SECTION 3. Section 291C-161, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Except as provided in subsection (c) every person who violates any provision of this chapter for which another penalty is not provided shall be fined:

(1) Not more than $200 for a first conviction thereof;

(2) Not more than $300 for conviction of a second offense committed within one year after the date of the first offense; and

(3) Not more than $500 for conviction of a third or subsequent offense committed within one year after the date of the first offense;

provided that upon a conviction for a violation of section 291C-12, 291C-12.5, 291C-12.6, [or] 291C-95, or 291C- the person shall be sentenced in accordance with that section."

SECTION 4. Section 291C-102, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [No] Except as provided in section 291C- , 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."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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