Report Title:

Traffic Fines; Judiciary Computer System and Drug Court Program

Description:

Establishes a drug court program special fund where the funds are used for the various drug courts as directed by the chief justice of the supreme court. Directs $5,000,000 in fiscal years 2003-2004 and 2004-2005 of fines, forfeitures, assessments, and penalties for traffic infractions collected between July 1, 2003, and June 30, 2005, to the judiciary computer system special fund and deposits the excess fines, forfeitures, assessments, and penalties for traffic infractions collected between July 1, 2003, and June 30, 2005, grants, donations, and other funding sources into the drug court program special fund. Repeals the redirection of traffic infraction fines, forfeitures, assessments, and penalties provided in this measure on July 1, 2005.

THE SENATE

S.B. NO.

635

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to traffic fines.

 

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

SECTION 1. Chapter 601, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§601-    Drug court program special fund. (a) There is established in the state treasury a special fund to be known as the drug court program special fund. Moneys collected from:

(1) Fines, forfeitures, assessments, and penalties collected pursuant to section 291C-171 from July 1, 2003, to June 30, 2005;

(2) Grants;

(3) Donations; and

(4) Other sources

shall be deposited into the fund.

(b) The moneys in the fund shall be utilized and expended as directed by the chief justice of the supreme court for administration and programs of the first circuit drug court (Oahu), second circuit drug court (Maui), third circuit drug court (Hilo/Kona), fifth circuit drug court (Kauai), and any other expenses relating to administration of the drug court program.

(c) Moneys in the drug court program special fund shall not revert to the general fund."

SECTION 2. Section 291C-171, Hawaii Revised Statutes, is amended to read as follows:

"§291C-171 Disposition of fines and forfeitures. (a) [All] From July 1, 2003, to June 30, 2005, all fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of the state traffic laws and all assessments, including penalties imposed pursuant to subsection (b), collected relating to the commission of traffic infractions shall be [paid to the director of finance of the State.]:

(1) In fiscal year 2003-2004, deposited into the judiciary computer system special fund established by section 601-3.7; provided that the total amount deposited for the fiscal year shall not exceed $5,000,000, and the excess fines and forfeitures shall be deposited into the drug court program special fund established by section 601- ; and

(2) In fiscal year 2004-2005, deposited into the judiciary computer system special fund established by section 601-3.7; provided that the total amount deposited for the fiscal year shall not exceed $5,000,000, and the excess fines and forfeitures shall be deposited into the drug court program special fund established by section 601- ."

(b) In addition to any monetary assessment imposed for a traffic infraction, the court may impose penalties on all outstanding traffic citations and judgments. The penalties shall be established pursuant to rules approved by the supreme court; provided that the amounts of the penalties shall be based upon a graduated scale that increases in proportion to the length of the delinquency. Any interest penalty imposed as provided in this section may be waived by the court for good cause. All penalties collected for such outstanding citations and judgments shall be [paid to the director of finance of the State.] distributed pursuant to subsection (a)."

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, 2003; provided that:

(1) Section 2 of this Act shall be repealed on July 1, 2005; and

(2) Section 291C-171, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the approval of this Act.

INTRODUCED BY:

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