Report Title:

District Court Record keeping; Traffic Abstracts

 

 

Description:

Clarifies the district court's record keeping and abstract-furnishing responsibilities for traffic cases.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1775

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to traffic records and abstracts.

 

 

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

 


     SECTION 1.  Section 286-137, Hawaii Revised Statutes, is amended to read as follows:

     "§286-137  District courts to keep records.  (a)  The district court of each circuit, subject to section 602-5.5, shall keep, maintain, [and] control, or [shall] otherwise provide for the keeping, maintaining, and controlling of [proper and accurate] the records of each [conviction or bail forfeiture or any other disposition of each violation of] traffic case involving a licensee [coming within] subject to this part.

     (b)  The district court of each circuit, subject to section 602-5.5, shall [also] establish procedures for the accounting, control, and disposition of each traffic citation, notice[, or] of traffic infraction, complaint and summons, or other traffic offense charging form used or issued, whether the use or issuance of the same is authorized by the court or by any other governmental agency under applicable laws or ordinances[, which may include the keeping of an accurate citation, notice, or summons control ledger or form in a numerical, chronological, or other accountable manner.], and filed with the court.  The accounting, control, and disposition may be in any manner approved by the administrative director, including but not limited to electronic reports from data in computerized case management systems.

     (c)  The district court of each circuit, subject to section 602-5.5, shall keep a record of each official action for each filed traffic citation, notice of traffic infraction, complaint and summons, or other traffic offense charging form.  The record shall include, but not be limited to:

     (1)  The traffic citation, notice of traffic infraction, complaint and summons, or other traffic offense charging form;

     (2)  Information concerning a licensee's failure to appear for a scheduled court hearing, including a licensee's forfeiture of deposit or bail;

     (3)  The judgment or order of dismissal entered upon each traffic citation, notice of infraction, complaint and summons, or other traffic offense charging form; and

     (4)  Information concerning the status of a licensee's compliance with all terms and conditions of the judgment.

     ( d)  The district court of each circuit, subject to section 602-5.5, shall verify the accuracy of information concerning a licensee and the licensee's identity contained in the records of each traffic case involving a licensee subject to this part."

     SECTION 2.  Section 287-3, Hawaii Revised Statutes, is amended to read as follows:

     "§287-3  Furnishing [of operating] abstracts of court records[.] of traffic cases.  (a)  The traffic violations bureaus of the district courts, upon request[,] and payment of the required fee and subject to section 602-5.5, shall furnish to any person a certified abstract of the bureaus' complete record, if any, of [any] that person relating to all [alleged moving violations and any convictions resulting therefrom,] cases arising from the operation of a motor vehicle in which the person was convicted of a violation of a statute, ordinance, or rule relating to traffic movement and control.  The abstract, subject to section 602-5.5, shall include information from court records maintained for that person pursuant to section 286-137 and all dispositions of any administrative driver's license revocation proceeding brought against the person pursuant to chapter 291E, part III, and chapter 286, part XIV, as [it was] the laws were in effect on or before December 31, 2001.

     (b)  The traffic violations bureaus of the district courts, upon request and payment of the required fee and subject to the restrictions set forth in this subsection and section 602-5.5, shall furnish to any person a certified abstract of the bureau's record, if any, of any named person, listing all cases arising from the operation of a motor vehicle in which the named person was convicted of violating any statute, ordinance, or rule regulating the operation of a motor vehicle, or in which an administrative driver's license revocation proceeding was initiated against the named person pursuant to chapter 29lE, part III, or chapter 286, part XIV, as the law was in effect on or before December 31, 2001.  The abstract shall report:

     (1)  Each judgment convicting the named person of a criminal traffic offense relating to the operation of a motor vehicle that was entered during the current calendar year and the three preceding calendar years, except that convictions for drug- or alcohol-related criminal traffic offenses shall be reported for the current calendar year and the ten preceding calendar years, and judgments permanently revoking a driver's license shall be reported without regard to date of entry;

     (2)  Each judgment determining that the named person committed a civil traffic infraction relating to the operation of a motor vehicle that was entered during the current calendar year and the three preceding calendar years;

     (3)  Each decision by the administrative director or the administrative director's designee to suspend or revoke the named person's driver's license that was entered during the current calendar year and the ten preceding calendar years;

     (4)  Each alleged violation of a civil or criminal offense related to the operation of a motor vehicle that has not been resolved, including alleged violations that have not been resolved because the named person failed to appear in court;

     (5)  Each civil and criminal judgment entered in a traffic case that the named person has failed to fully satisfy; and

     (6)  Each order forfeiting bail posted in a criminal case that was entered during the current calendar year and the three preceding calendar years.

     (c)  If a district court of a circuit determines under section 286-137(d) that the accuracy of information concerning a licensee and the licensee's identity contained in the records of each traffic case involving a licensee is incorrect or questionable, the traffic violations bureau of the district court shall remove the traffic infraction from the licensee's abstract.

     (d)  The traffic violations bureaus may collect a fee[,] for any abstract requested, not to exceed $7, of which $5 shall be deposited into the general fund and $2 shall be deposited into the judiciary computer system special fund.

     [(b)] (e)  Notwithstanding any provision to the contrary, [all alleged moving violations as well as any convictions resulting therefrom or any administrative license suspension] records of traffic cases and administrative driver's license proceedings initiated pursuant to chapter 291A shall not be included in a certified abstract of [the] a bureau's record."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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