SB 2695: Pedestrian Safety; Crosswalks; Penalties

A BILL FOR AN ACT

RELATING TO PEDESTRIAN SAFETY.

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

     SECTION 1.  The legislature finds that the State has experienced persistently high levels of traffic-related fatalities over recent years, with pedestrians representing a disproportionate and growing share of those deaths.  In recent years, pedestrians have accounted for a significant percentage of all traffic fatalities statewide, reflecting a sustained pattern of danger for individuals walking along Hawaii's roadways.  Many of the fatalities and serious injuries suffered by pedestrians have occurred while individuals were lawfully using marked or unmarked crosswalks, including in residential neighborhoods, school-adjacent areas, and other locations with regular pedestrian activity.

     The legislature further finds that the State, through the department of transportation and in coordination with county governments, has committed to reducing traffic deaths and serious injuries through comprehensive roadway safety planning consistent with vision zero principles, which recognize that traffic fatalities are preventable and that roadway systems must prioritize the safety of the most vulnerable road users.  These commitments emphasize safer speeds, safer streets, safer behavior, and clearer legal standards governing driver conduct.

     The legislature also finds that walking is a fundamental, equitable, and environmentally sustainable mode of transportation and that residents and visitors cannot reasonably be expected to walk, access public transit, or support sustainable transportation goals unless pedestrians are afforded clear, enforceable, and meaningful legal protections when crossing public roadways.

     The legislature additionally finds that section 291C-72, Hawaii Revised Statutes, while requiring drivers to stop for pedestrians in crosswalks, lacks sufficient specificity regarding when the duty to stop is triggered and how long a driver must remain stopped, creating ambiguity that undermines enforcement, accountability, and compliance.  Other jurisdictions with better pedestrian safety outcomes, such as Oregon and Washington state, have adopted explicit "stop and remain stopped" standards and lane-based trigger points that clearly allocate responsibility to the operator of the motor vehicle, which is the heavier and more dangerous instrument.

     Furthermore, the legislature finds that children walking to and from school, older adults, and individuals with visual impairments face heightened risk and require enhanced statutory protections, particularly in school zones and other high-pedestrian-use areas.  Existing penalties for crosswalk violations may be insufficient to deter dangerous driving behavior and do not adequately reflect the severity of harm caused when violations result in serious bodily injury.

     Accordingly, the purpose of this Act is to advance the State's traffic safety and vision zero–aligned commitments by:

     (1)  Clarifying driver obligations at crosswalks;

     (2)  Establishing a clear and enforceable duty to stop and remain stopped for pedestrians;

     (3)  Strengthening penalties for violations, particularly in school zones; and

     (4)  Expanding the offense of negligent injury in the second degree to include bodily injury to a vulnerable user by the operation of a vehicle in a negligent manner.

     SECTION 2.  Section 291C-72, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-72  Pedestrians' right-of-way in crosswalks.  (a)  The driver of a vehicle shall stop [for] and remain stopped to allow a pedestrian who is crossing the roadway within a crosswalk when the pedestrian is [either:

     (1)  Upon the half of the roadway upon which the vehicle is traveling; or

     (2)  Approaching the vehicle so closely from the opposite half of the roadway as to be in danger,]

upon, entering, or within one lane of the half of the roadway upon which the vehicle is traveling or onto which the vehicle is turning, and shall not proceed until the pedestrian has passed the vehicle and has cleared the lane of travel and any adjacent lane into which the vehicle would proceed, and the driver can safely proceed.

     For roadways consisting of a single lane of travel in each direction, a pedestrian who is upon or entering a crosswalk shall be deemed to be within one lane of the half of the roadway upon which the vehicle is traveling.

     For the purposes of this section, "a pedestrian who is crossing the roadway within a crosswalk" occurs when any part or extension of the pedestrian, including any part of the pedestrian's body, wheelchair, cane, crutch, or bicycle, is beyond the curb or edges of the traversable roadway and moves onto the roadway within an intersection or crosswalk.

     (b)  No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle [which] that is so close that it is impossible for the driver to yield.

     (c)  Subsection (a) shall not apply under the conditions stated in section 291C-73(b).

     (d)  Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

     (e)  Every person who violates this section shall be subject to the following penalties:

     (1)  For a first infraction, or any infraction not preceded within one year by a prior violation of this section, a fine of [$150;] $250;

     (2)  For an infraction that occurs within one year of a prior violation of this section, a fine of [$300] $500 and revocation of the person's driver's license and privilege to operate a vehicle for a period of ninety days; and

     (3)  For an infraction that occurs within two years of two prior violations of this section, and for the fourth and each additional infraction of this section, regardless of when committed, a fine of [$1,000,] $1,500, and revocation of the person's driver's license and privilege to operate a vehicle for a period of one hundred eighty days.

     (f)  Any violation of this section that occurs within a school zone shall be subject to double the applicable penalty in subsection (e), including fines and revocation of the person's driver's license and privilege to operate a vehicle.

     As used in this subsection, "school zone" has the same meaning as in section 291C-104."

     SECTION 3.  Section 707-706, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person [is guilty of] commits the offense of negligent injury in the second degree if that person causes [substantial]:

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

     (b)  Bodily injury to a vulnerable user by the operation of a vehicle in a negligent manner."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Pedestrian Safety; Crosswalks; Penalties

Description:

Clarifies a driver's obligations at crosswalks.  Requires drivers to stop and remain stopped for pedestrians in crosswalks.  Strengthens penalties for traffic violations, particularly in school zones.  Expands the offense of negligent injury in the second degree to include bodily injury to a vulnerable user by the operation of a vehicle in a negligent manner.  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 PEDESTRIAN SAFETY.

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

     SECTION 1.  The legislature finds that the State has experienced persistently high levels of traffic-related fatalities over recent years, with pedestrians representing a disproportionate and growing share of those deaths.  In recent years, pedestrians have accounted for a significant percentage of all traffic fatalities statewide, reflecting a sustained pattern of vulnerability for individuals walking along Hawaii's roadways.  Many of the fatalities and serious injuries suffered by pedestrians have occurred while individuals were lawfully using marked or unmarked crosswalks, including in residential neighborhoods, school-adjacent areas, and other locations with regular pedestrian activity.

     The legislature further finds that the State, through the department of transportation and in coordination with county governments, has committed to reducing traffic deaths and serious injuries through comprehensive roadway safety planning consistent with vision zero principles, which recognize that traffic fatalities are preventable and that roadway systems must prioritize the safety of the most vulnerable road users.  These commitments emphasize safer speeds, safer streets, safer behavior, and clearer legal standards governing driver conduct.

     The legislature also finds that walking is a fundamental, equitable, and environmentally sustainable mode of transportation and that residents and visitors cannot reasonably be expected to walk, access public transit, or support sustainable transportation goals unless pedestrians are afforded clear, enforceable, and meaningful legal protections when crossing public roadways.

     The legislature additionally finds that section 291C-72, Hawaii Revised Statutes, while requiring drivers to stop for pedestrians in crosswalks, lacks sufficient specificity regarding when the duty to stop is triggered and how long a driver must remain stopped, creating ambiguity that undermines enforcement, accountability, and compliance.  Other jurisdictions with better pedestrian safety outcomes, such as Oregon and Washington state, have adopted explicit "stop and remain stopped" standards and lane-based trigger points that clearly allocate responsibility to the operator of the motor vehicle, which is the heavier and more dangerous instrument.

     Furthermore, the legislature finds that children walking to and from school, older adults, and individuals with visual impairments face heightened risk and require enhanced statutory protections, particularly in school zones and other high-pedestrian-use areas.  Existing penalties for crosswalk violations may be insufficient to deter dangerous driving behavior and do not adequately reflect the severity of harm caused when violations result in serious bodily injury.

     Accordingly, the purpose of this Act is to advance the State's traffic safety and vision zero–aligned commitments by:

     (1)  Clarifying driver obligations at crosswalks;

     (2)  Establishing a clear and enforceable duty to stop and remain stopped for pedestrians;

     (3)  Strengthening penalties for violations, particularly in school zones; and

     (4)  Expanding the offense of negligent injury in the second degree to include bodily injury to a vulnerable user by the operation of a vehicle in a negligent manner.

     SECTION 2.  Section 291C-72, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-72  Pedestrians' right-of-way in crosswalks.  (a)  The driver of a vehicle shall stop [for] and remain stopped to allow a pedestrian who is crossing the roadway within a crosswalk when the pedestrian is [either:

     (1)  Upon the half of the roadway upon which the vehicle is traveling; or

     (2)  Approaching the vehicle so closely from the opposite half of the roadway as to be in danger,] upon, entering, or within one lane of the half of the roadway upon which the vehicle is traveling or onto which the vehicle is turning,

and shall not proceed until the pedestrian has passed the vehicle and has cleared the lane of travel and any adjacent lane into which the vehicle would proceed, and the driver can safely proceed.

     For roadways consisting of a single lane of travel in each direction, a pedestrian who is upon or entering a crosswalk shall be deemed to be within one lane of the half of the roadway upon which the vehicle is traveling.

     For the purposes of this section, "a pedestrian who is crossing the roadway within a crosswalk" occurs when any part or extension of the pedestrian, including any part of the pedestrian's body, wheelchair, cane, crutch, or bicycle, is beyond the curb or edges of the traversable roadway and moves onto the roadway within an intersection or crosswalk.

     (b)  No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

     (c)  Subsection (a) shall not apply under the conditions stated in section 291C-73(b).

     (d)  Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

     (e)  Every person who violates this section shall be subject to the following penalties:

     (1)  For a first infraction, or any infraction not preceded within one year by a prior violation of this section, a fine of [$150;] $250;

     (2)  For an infraction that occurs within one year of a prior violation of this section, a fine of [$300] $500 and revocation of the person's driver's license and privilege to operate a vehicle for a period of ninety days; and

     (3)  For an infraction that occurs within two years of two prior violations of this section, and for the fourth and each additional infraction of this section, regardless of when committed, a fine of [$1,000,] $1,500, and revocation of the person's driver's license and privilege to operate a vehicle for a period of one hundred eighty days.

     (f)  Any violation of this section that occurs within a school zone shall be subject to double the applicable penalty in subsection (e), including fines and revocation of the person's driver's license and privilege to operate a vehicle.

     As used in this subsection, "school zone" has the same meaning as in 291C-104."

     SECTION 3.  Section 707-706, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person [is guilty of] commits the offense of negligent injury in the second degree if that person causes [substantial]:

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

     (b)  Bodily injury to a vulnerable user by the operation of a vehicle in a negligent manner."

     SECTION 4.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on January 1, 2027.

Report Title:

Pedestrian Safety; Crosswalks; Penalties

Description:

Clarifies a driver's obligations at crosswalks.  Requires drivers to stop and remain stopped for pedestrians in crosswalks.  Strengthens penalties for traffic violations, particularly in school zones.  Expands the offense of negligent injury in the second degree to include bodily injury to a vulnerable user by the operation of a vehicle in a negligent manner.  Effective 1/1/2027.  (SD1)

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 pedestrian Safety.

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

     SECTION 1.  The legislature finds that Hawaii has experienced persistently high levels of traffic-related fatalities over recent years, with pedestrians representing a disproportionate and growing share of those deaths.  In recent years, pedestrians have accounted for a significant percentage of all traffic fatalities statewide, reflecting a sustained pattern of vulnerability for individuals walking along Hawaii's roadways.  Many of the fatalities and serious injuries suffered by pedestrians have occurred while individuals were lawfully using marked or unmarked crosswalks, including in residential neighborhoods, school-adjacent areas, and other locations with regular pedestrian activity.

     The legislature further finds that the State, through the department of transportation and in coordination with county governments, has committed to reducing traffic deaths and serious injuries through comprehensive roadway safety planning consistent with vision zero principles, which recognize that traffic fatalities are preventable and that roadway systems must prioritize the safety of the most vulnerable road users.  These commitments emphasize safer speeds, safer streets, safer behavior, and clearer legal standards governing driver conduct.

     The legislature also finds that walking is a fundamental, equitable, and environmentally sustainable mode of transportation and that residents and visitors cannot reasonably be expected to walk, access public transit, or support sustainable transportation goals unless pedestrians are afforded clear, enforceable, and meaningful legal protections when crossing public roadways.

     The legislature additionally finds that section 291C-72, Hawaii Revised Statutes, while requiring drivers to stop for pedestrians in crosswalks, lacks sufficient specificity regarding when the duty to stop is triggered and how long a driver must remain stopped, creating ambiguity that undermines enforcement, accountability, and compliance.  Other jurisdictions with better pedestrian safety outcomes, such as Oregon and Washington state, have adopted explicit "stop and remain stopped" standards and lane-based trigger points that clearly allocate responsibility to the operator of the motor vehicle, which is the heavier and more dangerous instrument.

     Furthermore, the legislature finds that children walking to and from school, older adults, and individuals with visual impairments face heightened risk and require enhanced statutory protections, particularly in school zones and other high-pedestrian-use areas.  Existing penalties for crosswalk violations may be insufficient to deter dangerous driving behavior and do not adequately reflect the severity of harm caused when violations result in serious bodily injury.

     Accordingly, the purpose of this Act is to advance the State's traffic safety and vision zero–aligned commitments by:

     (1)  Clarifying driver obligations at crosswalks; establishing a clear and enforceable duty to stop and remain stopped for pedestrians;

     (2)  Strengthening penalties for violations, particularly in school zones;

     (3)  Creating additional criminal penalties when violations cause bodily injury; and

     (4)  Providing heightened protections for blind and visually impaired pedestrians in order to reduce preventable deaths and serious injuries on Hawaii's roadways.

     SECTION 2.  Chapter 707, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

     "§707-     Negligent injury to a pedestrian in a crosswalk in the first degree.  (1)  A person commits the offense of negligent injury to a pedestrian in a crosswalk in the first degree if that person negligently operates a motor vehicle within the area of a marked or unmarked crosswalk and causes serious bodily injury to a pedestrian who is lawfully within the crosswalk.

     (2)  Negligent injury to a pedestrian in a crosswalk in the first degree is a class C felony.

     (3)  The penalties under this section shall be in addition to any other penalties under chapter 291C.

     §707-     Negligent injury to a pedestrian in a crosswalk in the second degree.  (1)  A person commits the offense of negligent injury to a pedestrian in a crosswalk in the second degree if that person negligently operates a motor vehicle within the area of a marked or unmarked crosswalk and causes bodily injury to a pedestrian who is lawfully within the crosswalk.

     (2)  Negligent injury to a pedestrian in a crosswalk in the second degree is a misdemeanor.

     (3)  The penalties under this section shall be in addition to any other penalties under chapter 291C.

     §707-     Failure to stop for a blind or visually impaired pedestrian.  (1)  A person commits the offense of failure to stop for a blind or visually impaired pedestrian if that person does not stop and remain stopped for a blind or visually impaired pedestrian who is crossing at any crosswalk or roadway.

     (2)  Failure to stop for a blind or visually impaired pedestrian is a misdemeanor that shall be punishable by:

     (a)  A fine of no less than $500 and no more than $1,000;

     (b)  Imprisonment of no more than six months; or

     (c)  Both.

     (3)  As used in this section, "blind or visually impaired pedestrian" means a blind or visually impaired person who is carrying or using an exposed cane or walking stick that is painted white in color or painted white tipped with red, or a person who is blind or visually impaired and using a guide dog."

     SECTION 3.  Section 291C-72, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-72  Pedestrians' right-of-way in crosswalks.  (a)  The driver of a vehicle shall stop and remain stopped to allow [for] a pedestrian who is crossing the roadway within a crosswalk when the pedestrian is [either:

     (1)  Upon the half of the roadway upon which the vehicle is traveling; or

     (2)  Approaching the vehicle so closely from the opposite half of the roadway as to be in danger,] upon, entering, or within one lane of the half of the roadway upon which the vehicle is traveling or onto which the vehicle is turning,

and shall not proceed until the pedestrian has passed the vehicle and has cleared the lane of travel and any adjacent lane into which the vehicle would proceed, and the driver can safely proceed.

     For roadways consisting of a single lane of travel in each direction, a pedestrian who is upon or entering a crosswalk shall be deemed to be within one lane of the half of the roadway upon which the vehicle is traveling.

     For purposes of this section, "a pedestrian who is crossing the roadway within a crosswalk" occurs when any part or extension of the pedestrian, including any part of the pedestrian's body, wheelchair, cane, crutch, or bicycle, is beyond the curb or edges of the traversable roadway and moves onto the roadway within an intersection or crosswalk.

     (b)  No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

     (c)  Subsection (a) shall not apply under the conditions stated in section 291C-73(b).

     (d)  Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

     (e)  Every person who violates this section shall be subject to the following penalties:

     (1)  For a first infraction, or any infraction not preceded within one year by a prior violation of this section, a fine of [$150;] $250;

     (2)  For an infraction that occurs within one year of a prior violation of this section, a fine of [$300] $500 and revocation of the person's driver's license and privilege to operate a vehicle for a period of ninety days; and

     (3)  For an infraction that occurs within two years of two prior violations of this section, and for the fourth and each additional infraction of this section, regardless of when committed, a fine of [$1,000,] $1,500, and revocation of the person's driver's license and privilege to operate a vehicle for a period of one hundred eighty days.

     (f)  Any violation of this section that occurs within a school zone shall be subject to double the applicable penalty in subsection (e), including fines and revocation of the person's driver's license and privilege to operate a vehicle.

     As used in this subsection, "school zone" has the same meaning as in 291C-104."

     SECTION 4.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2026.

Report Title:

Pedestrian Safety; Crosswalks

Description:

Clarifies driver's obligations at crosswalks.  Requires drivers to stop and remain stopped for pedestrians in crosswalks.  Strengthens penalties for traffic violations, particularly in school zones.  Creates additional criminal penalties when pedestrians suffer bodily injury.  Provides heightened protections for blind and visually impaired pedestrians.

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. 3085

Honolulu, Hawaii

RE:     S.B. No. 2695

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2695, S.D. 1, entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Clarify a driver's obligations at crosswalks;

     (2)  Require drivers to stop and remain stopped for pedestrians in crosswalks;

     (3)  Strengthen penalties for traffic violations, particularly in school zones; and

     (4)  Expand the offense of negligent injury in the second degree to include bodily injury to a vulnerable user by the operation of a vehicle in a negligent manner.

     Your Committee received testimony in support of this measure from the Department of Transportation, Department of Health, Disability and Communication Access Board, Hawaiʻi Bicycling League, and two individuals.

     Your Committee received testimony in opposition to this measure from one individual.

     Your Committee finds that in recent years, the State has experienced tragic incidents involving pedestrians, including in school zones.  Your Committee further finds that enhancing pedestrian priority at marked and unmarked crosswalks is critical for accessibility and connectivity to essential community destinations and safety.  This measure will prioritize the rights of pedestrians to support safe and walkable communities.

     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 S.B. No. 2695, S.D. 1, and recommends that it pass Third Reading.

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