STAND. COM. REP. NO.  799-12

 

Honolulu, Hawaii

                , 2012

 

RE:   H.B. No. 1666

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 1666 entitled:

 

"A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

 

begs leave to report as follows:

 

     The purpose of this measure is to promote highway safety by establishing mandatory minimum sentencing and increasing the grade of offense for negligent homicide in the second and third degrees and negligent injury in the second degree where the victim is a vulnerable user.

 

     The Honolulu Police Department, Hawaii Bicycling League, Kauai Path, and several concerned individuals supported this bill.  The Office of the Public Defender and a concerned individual opposed this measure.

 

     Your Committee has amended this measure by:

 

     (1)  Deleting language that establishes mandatory minimum sentencing for specified offenses involving a vulnerable user;

 

     (2)  Deleting reference to an electric assist bicycle in the definition of vulnerable user;

 

     (3)  Changing its effective date to January 7, 2059, to encourage further discussion; and

 

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1666, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1666, H.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

 

____________________________

GILBERT KEITH-AGARAN, Chair