HB 2589: Driving Without a License; Penalties; Negligent Homicide

A BILL FOR AN ACT

RELATING TO DRIVING WITHOUT A LICENSE.

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

     SECTION 1.  (a)  This Act shall be in honor of Koali-Denning Ring.

     (b)  This Act shall be known as "Sara's Law".

     SECTION 2.  Section 707-702.5, Hawaii Revised Statutes, is amended to read as follows:

     "§707-702.5  Negligent homicide in the first degree.  (1)  A person commits the offense of negligent homicide in the first degree if that person causes the death of:

     (a)  Another person by the operation of a vehicle in a negligent manner while under the influence of drugs or alcohol; [or]

     (b)  A vulnerable user by the operation of a vehicle in a negligent manner[.]; or

     (c)  Another person by the operation of a vehicle in a negligent manner while driving without a valid license pursuant to section 286-102.

     (2)  A person who violates subsection (1)(a) shall be guilty of a class B felony; provided that the person shall be guilty of a class A felony when the person:

     (a)  Has been convicted one or more times for the offense of operating a vehicle under the influence within fifteen years of the instant offense;

     (b)  Is, at the time of the instant offense, engaging in conduct that would constitute a violation of section 291E-62; or

     (c)  Is a highly intoxicated driver as defined by section 291E-1.

     (3)  A person who violates subsection (1)(b) shall be guilty of a class B felony.

     (4)  A person who violates subsection (1)(c) shall be guilty of a class B felony; provided that the person shall be guilty of a class A felony when the person has been convicted two or more times for the offense of driving without a valid license within five years of the instant offense as provided in section 286-102.

     [(4)] (5)  Notwithstanding sections 706-620(2), 706-640, 706-641, 706-659, and any other law to the contrary, the sentencing court may impose a lesser sentence for a person convicted of a class A felony under this section if the court finds that strong mitigating circumstances warrant the action.  Strong mitigating circumstances shall include but not be limited to the provisions of section 706-621.  The court shall provide a written opinion stating its reasons for imposing the lesser sentence.

     [(5)] (6)  For the purposes of this section, a person "has been convicted one or more times for the offense of operating a vehicle under the influence" if the person has one or more:

     (a)  Convictions under section 291E-4(a), 291E-61, 291E-61.5, or 291E-64;

     (b)  Convictions in any other state or federal jurisdiction for an offense that is comparable to operating or being in physical control of a vehicle while having either an unlawful alcohol concentration or an unlawful drug content in the blood or urine or while under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant; or

     (c)  Adjudications of a minor for a law violation that, if committed by an adult, would constitute a violation of section 291E-4(a), 291E-61, or 291E-61.5,

that, at the time of the instant offense, had not been expunged by pardon, reversed, or set aside.  All convictions that have been expunged by pardon, reversed, or set aside before the instant offense shall not be deemed prior convictions for the purposes of this section.

     (7)  For the purposes of this section, a person has been convicted for the offense of driving without a valid license if the person has a conviction under section 286-102 that, at the time of the instant offense, had not been expunged by pardon, reversed, or set aside.  All convictions that have been expunged by pardon, reversed, or set aside before the instant offense shall not be deemed prior convictions for the purposes of this section."

     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 is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

Driving Without a License; Penalties; Negligent Homicide

Description:

Clarifies that negligent homicide in the first degree shall include situations where a person causes the death of another person while operating a vehicle without a valid license.  Establishes that a violation of this provision shall be a class B felony, with escalation to a class A felony when the person has two or more prior convictions for driving without a valid license within five years.  Clarifies what constitutes a prior conviction for driving without a valid license.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO DRIVING WITHOUT A LICENSE.

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

     SECTION 1.  This Act shall be known as "Sara's Law".

     SECTION 2.  Section 286-136, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Any person who is convicted of violating section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be subject to a minimum fine of $500 and a maximum fine of $1,000, or imprisoned no more than one year, or both, if the person has two or more prior convictions for the same offense in the preceding five-year period[.]; provided that upon a second conviction for the same offense within five years:

     (1)  The defendant shall be guilty of a class A felony and sentenced pursuant to section 706-659 if the defendant's action results in the death of another person; and

     (2)  The vehicle owned and used by the defendant in the commission of the second offense may be ordered by the court to be subject to forfeiture under chapter 712A."

     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.

Report Title:

Driving Without a License; Penalties; Class A Felony; Vehicle; Forfeiture

Description:

Makes a second conviction for operating a motor vehicle without a license within a five-year period a Class A felony if the defendant's actions result in the death of another person.  Adds forfeiture of a vehicle as a penalty on a second conviction for operating a motor vehicle without a license within a five-year period.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  660-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2589

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Transportation, to which was referred H.B. No. 2589 entitled:

"A BILL FOR AN ACT RELATING TO DRIVING WITHOUT A LICENSE,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Make a second conviction for operating a motor vehicle without a license within a five-year period a Class A felony if the defendant's actions result in the death of another person; and

     (2)  Add forfeiture of a vehicle as a penalty on a second conviction for operating a motor vehicle without a license within a five-year period.

     Your Committee received testimony in support of this measure from the Department of Transportation and numerous individuals.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender.  Your Committee received comments on this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and one individual.

     Your Committee finds that repeat offenses of driving without a valid license endanger public safety and reflect a serious disregard for Hawaii's motor vehicle laws.  When a second offense within five years results in the death of another person, the gravity of the harm warrants enhanced criminal penalties and additional consequences.  This measure strengthens public safety and promotes responsible driving by establishing enhanced penalties for habitual unlicensed drivers, while preserving judicial discretion in appropriate mitigating circumstances.

     Your Committee has amended this measure by:

     (1)  Specifying that this measure is in honor of Koali-Denning Ring;

     (2)  Deleting its substantive content and inserting language that:

          (A)  Clarifies that negligent homicide in the first degree shall include situations where a person causes the death of another person while operating a vehicle without a valid license;

          (B)  Establishes that a violation of this provision shall be a class B felony, with escalation to a class A felony when the person has two or more prior convictions for driving without a valid license within five years; and

          (C)  Clarifies what constitutes a prior conviction for driving without a valid license;

     (3)  Adding a savings clause;

     (4)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2589, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2589, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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