Report Title:

Traffic Fines; Judiciary Programs

Description:

Establishes a problem solving courts special fund for various treatment programs as directed by the chief justice of the judiciary. Directs $5,000,000 in fiscal years 2003-2004 and 2004-2005 from uncontested fines, forfeitures, assessments, and penalties for traffic infractions to the judiciary computer system special fund, and deposits the excess uncontested fines, forfeitures, assessments, and penalties for traffic infractions, grants, donations, and other funding sources into the problem solving courts special fund. (SD1)

THE SENATE

S.B. NO.

635

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

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. The legislature finds that persons abusing alcohol or drugs not only contribute to crime in Hawaii, but also affect highway safety. In 1999, four-thousand-forty-nine drivers were arrested for driving under the influence of alcohol or a combination of alcohol and other drugs. In that same year, six-hundred-seventy-two traffic accidents were caused by drivers under the influence of alcohol, drugs, or both, and thirty-two fatalities were attributed to impaired drivers. In 2000, three-thousand-eight-hundred-twenty-two drivers were arrested for driving under the influence, and five-hundred-fifty-two accidents were attributed to impaired drivers. In 2001 and 2002, three-thousand-four-hundred-ninety-five and three-thousand-six-hundred-ninety drivers respectively were arrested for driving under the influence.

The legislature further finds that although laws carrying license revocation, fines, and terms of imprisonment penalties were enacted in 2000, the number of drivers driving under the influence of intoxicants have not noticeably declined. Fluctuations in the number of persons arrested for driving under the influence can be attributed to the allocation of police resources for highway patrol and road checkpoints.

The legislature further finds that certain inmates addicted to drugs or alcohol require treatment while incarcerated in order to reenter society free of substance dependency. Treatment programs benefit not only the person participating in the treatment program, but the State also benefits from a public safety standpoint. Therefore, the purpose of this Act is to establish the problem solving courts special fund that shall be used to fund various treatment programs within the judiciary.

SECTION 2. 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 problem solving courts special fund. Moneys collected from:

(1) Uncontested fines, forfeitures, assessments, and penalties;

(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 the administration and programs within the judiciary.

(c) Moneys in the problem solving courts special fund shall not revert to the general fund."

SECTION 3. Section 291C-171, Hawaii Revised Statutes, is amended to read as follows:

"291C-171 Disposition of fines and forfeitures. (a) All uncontested 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 problem solving courts 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 problem solving courts special fund established by section 601- .

All adjudicated fines collected upon conviction 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.

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

SECTION 5. This Act shall take effect on July 1, 2003.