Report Title:

Highway Racing; Vehicle Forfeiture

Description:

Authorizes vehicle forfeiture for street racing offense committed within 5 years of a prior conviction. Clarifies that forfeiture applies to vehicles owned by drivers' parents, where drivers are minors.

THE SENATE

S.B. NO.

85

TWENTY-SECOND LEGISLATURE, 2003

 

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) A vehicle owned by the defendant, or by the defendant's parents or legal guardians if the defendant is a minor, used in the commission of the offense, and used in a prior offense that resulted in a conviction, 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, or by the defendant's parents or legal guardians if the defendant is a minor, and used in the commission of the offense which has been used in at least two prior offenses that resulted in convictions may be ordered by the court to be subject to forfeiture under chapter 712A."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________