SB 2445: Pedestrian; Violations; Fines; Limitation

A BILL FOR AN ACT

RELATING TO PEDESTRIANS.

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

     SECTION 1.  The legislature finds that the State's current statutes relating to pedestrian infractions impose fines that are often excessive and inequitable, particularly when compared to the relative risk and harm posed by different types of traffic violations.  For example, fines for pedestrian infractions, such as crossing outside of a marked crosswalk or entering a crosswalk during a flashing "Don’t Walk" signal, can exceed or approach the penalties for certain moving vehicle violations, including lower-level speeding infractions, which carry far greater risk to public safety.

     The legislature further finds that these fines fall most heavily on individuals who are already economically vulnerable.  Research shows that monetary sanctions for low-level offenses, including pedestrian violations, disproportionately burden low‑income residents, many of whom rely on walking and public transportation as their primary means of mobility.  Studies have shown that excessive fines and fees often perpetuate cycles of debt, push residents into financial instability, and criminalize poverty without improving safety outcomes.  In Hawaiʻi, where the cost of living is among the highest in the nation, such fines can have particularly harsh impacts on those least able to pay.

     The legislature also recognizes that over-penalizing pedestrians runs counter to the State's broader transportation and climate goals, which prioritize walking, biking, and transit as safe, affordable, and sustainable modes of travel.  Penalizing walking with disproportionately high fines discourages these healthy and environmentally beneficial behaviors.

     Accordingly, the purpose of this Act is to promote fairness in the State's traffic laws by ensuring that fines for pedestrian infractions are reasonable, proportionate, and not unduly punitive.

     SECTION 2.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part VII to be appropriately designated and to read as follows:

     "§291C-    Limitations on Pedestrian Fines.  (a)  Notwithstanding any law to the contrary, the total monetary fine imposed upon a pedestrian for any violation under this chapter shall not exceed $25 per violation.

     (b)  The judiciary, the department of transportation, and the counties shall revise applicable schedules of fines, rules, and procedures to ensure compliance with this section."

     SECTION 3.  Section 291C-73, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Every [person] pedestrian who violates this section shall be fined [$100.] not more than $25."

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

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

Report Title:

Pedestrian; Violations; Fines; Limitation

Description:

Establishes that fines for pedestrian violations under chapter 291C, Hawaii Revised Statutes, shall not exceed $25.  Requires state and county agencies to revise applicable schedules of fines, rules, and procedures to comply with the monetary limit.

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