HB 387: RELATING TO HIGHWAY SAFETY.

A BILL FOR AN ACT

RELATING TO HIGHWAY SAFETY.

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

     SECTION 1.  Section 707-705, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of negligent injury in the first degree if that person causes:

     (a)  Serious bodily injury to another person by the operation of a vehicle in a negligent manner; [or]

     (b)  Substantial bodily injury to a vulnerable user by the operation of a [[]vehicle[]] in a negligent manner[.]; or

     (c)  Bodily injury to another person by operation of a vehicle in a negligent manner while under the influence of alcohol or drugs."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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  Statutory material to be repealed is bracketed and stricken.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:

Honolulu Prosecuting Attorney Package; Criminal Offenses; Negligent Injury

Description:

Amends the offense of negligent injury in the first degree to include bodily injuries negligently inflicted by intoxicated drivers.  (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 HIGHWAY SAFETY.

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

     SECTION 1.  Section 707-705, Hawaii Revised Statutes, is amended to read as follows:

     "§707-705  Negligent injury in the first degree.  (1)  A person commits the offense of negligent injury in the first degree if that person causes:

     (a)  Serious bodily injury to another person by the operation of a vehicle in a negligent manner; [or]

     (b)  Substantial bodily injury to a vulnerable user by the operation of a [[]vehicle[]] in a negligent manner[.]; or

     (c)  Bodily injury to another person by operation of a vehicle in a negligent manner while under the influence of alcohol or drugs.

     (2)  Negligent injury in the first degree is a class C felony."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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  Statutory material to be repealed is bracketed and stricken.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:

Honolulu Prosecuting Attorney Package; Criminal Offenses; Negligent Injury

Description:

Amends the offense of negligent injury in the first degree to include injuries negligently inflicted by intoxicated drivers.

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.  551

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 387

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Transportation, to which was referred H.B. No. 387 entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAY SAFETY,"

begs leave to report as follows:

     The purpose of this measure is to amend the offense of negligent injury in the first degree to include bodily injury to another person by operation of a vehicle in a negligent manner while under the influence of alcohol or drugs.

     Your Committee received testimony in support of this measure from the Department of Transportation; Department of the Prosecuting Attorney of the City and County of Honolulu; Office of the Prosecuting Attorney of the County of Hawaiʻi; and Office of the Prosecuting Attorney of the County of Kauaʻi.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

     Your Committee finds that impaired driving continues to pose a significant threat to public safety, often resulting in serious injuries or fatalities.  Despite existing laws, cases where bodily injury occurs due to negligent operation while under the influence of an intoxicant require stronger deterrence and accountability.  This measure addresses this issue by expanding the offense of negligent injury in the first degree to include bodily injury caused by impaired or negligent driving.

     Your Committee notes the concerns and suggestions raised in written testimony from the Office of the Public Defender and respectfully requests your Committee on Judiciary & Hawaiian Affairs, should it deliberate on this measure, to consider the suggestions of the Office of the Public Defender.

     Your Committee has amended this measure by 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. 387, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 387, 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,