Report Title:

Highway; Safety; Reckless Driving; Traffic Violations

 

Description:

Clarifies penalties for first-time offenders and repeat offenders guilty of one or more traffic violations under the traffic code. (SD1)

 


THE SENATE

S.B. NO.

1052

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 1

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HIGHWAY SAFETY.

 

 

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

 


SECTION 1. Section 286G-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Driver education assessments of:

(1) $100 shall be levied on persons convicted under section 291E-61 or 291E-61.5 to defray costs of services provided by the driver education and training program;

(2) $50 shall be levied on persons required to attend [a]:

(A) A child passenger restraint system safety class under section 291-11.5; [and] or

(B) An anger management or driver training course under section 291-2; and

(3) $75 shall be levied on persons convicted under section 291C-105 to defray costs of services provided by the driver education and training program."

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

"291-2 Reckless driving of vehicle or riding of animals; penalty. (a) Whoever operates any vehicle or rides any animal recklessly in disregard of the safety of persons or property is guilty of reckless driving of vehicle or reckless riding of an animal, as appropriate[, and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both].

(b) A person committing the offense of reckless driving of a vehicle shall be sentenced as follows without the possibility of probation or suspension of sentence:

(1) For a first offense not preceded by a prior conviction for an offense under this section in the preceding five years, and where the court has not deferred further proceedings under chapter 853:

(A) A fine of not less than $500 and 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 for anger

management or driver training, or both;

(D) An assessment for driver education pursuant to

section 286G-3; and

(E) 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:

(A) A fine of not less than $750 and not more than

$1,500;

(B) Ninety-day prompt suspension of license and

privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the ninety-day prompt suspension of license, a minimum forty-five-day prompt suspension of license with absolute prohibition from operating a vehicle and for the remainder of the ninety-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 for anger

management or driver training, or both;

(D) An assessment for driver education pursuant to

section 286G-3; and

(E) One of the following:

(i) Not less than one hundred twenty hours of

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:

(A) A fine of not less than $1,000 and not more than $2,500;

(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 anger

management or drivers training, or both;

(D) An assessment for driver education pursuant to

section 286G-3; and

(E) No fewer than ten days, but no more than thirty

days of imprisonment, of which at least forty‑eight hours shall be served consecutively.

(c) A conviction and sentence for reckless driving or reckless riding of an animal shall not preclude a conviction for another traffic violation arising out of the same course of action.

(d) The requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a sentence imposed under subsection (b)(1)."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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

SECTION 5. This Act shall take effect upon its approval.