HOUSE OF REPRESENTATIVES

H.C.R. NO.

218

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING A TASK FORCE TO REVIEW AND REPORT ON the establishment of fair and proportional fines for certain penalties in Hawaii to ensure a fair and meaningful deterrent to illegal behavior for individuals across the economic spectrum.

 

 

 


     WHEREAS, penalties for some violations and infractions in all areas of law in Hawaii tend to be flat fines, including but not limited to speeding, and negligent or reckless actions; and

 

     WHEREAS, such actions can lead to serious injuries or death and in the case of traffic violations are a leading cause of vehicular accidents and manslaughter in Hawaii; and

 

     WHEREAS, penalties for those violations and infractions should serve as a meaningful deterrent to illegal behavior; however, a flat fine often serves as a meaningful deterrent only for those to whom it has a financial impact, making for an unfair application of justice in Hawaii; and

 

     WHEREAS, while a fine for $200 may serve as a meaningful deterrent to illegal behavior for an individual of average means, it may require a $2,000 fine to serve as a meaningful deterrent to illegal behavior for a wealthy individual; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, the Senate concurring, that a task force be established to review and report on the establishment of fair and proportional fines for certain penalties in Hawaii to ensure a fair and meaningful deterrent to illegal behavior for individuals across the economic spectrum; and

     BE IT FURTHER RESOLVED that the task force shall consist of:

 

     (1)  The Chief Justice of the Hawaii Supreme Court, or the Chief Justice's designee, who shall chair the task force;

 

     (2)  The state Attorney General, or the Attorney General's designee;

 

     (3)  The state Public Defender, or the Public Defender's designee;

 

     (4)  The Prosecuting Attorney of each county, or the Prosecuting Attorney's designee;

 

     (5)  The Chair of the House of Representatives committee on Judiciary;

 

     (6)  The Chair of the Senate committee on Judiciary; and

 

     (7)  Any others appointed by the chair of the task force; and

 

     BE IT FURTHER RESOLVED that the task force is requested to submit a report of its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2020; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; the Chief Justice of the Hawaii Supreme Court; the Attorney General of the State of Hawaii; the Public Defender of the State of Hawaii; and the Prosecuting Attorney of each county.

 

 

 

 

OFFERED BY:

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Report Title: 

Fines; Task Force