SB 97
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-04-30
Current Status:
In Progress
(2025-06-03: Act 170, on 06/03/2025 (Gov. Msg. No. 1270).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The amendment lets automated speed cameras lead to a summons for any violation of section 291C-108 (the state speeding law) instead of only when a vehicle exceeded the posted limit by at least five miles per hour. It also removes the previous detailed timing, postmark, and owner-identification rules and simply requires the contractor to send the citation by first-class mail.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Part I: Increases the penalty for a third or subsequent offense within five years of excessive speeding to a misdemeanor with a mandatory minimum jail sentence of thirty days. Part II: Clarifying when a summons or citation is sent under an automated speed enforcement system. (CD2)
Part I: Increases the penalty for a third or subsequent offense within five years of excessive speeding to a misdemeanor with a mandatory minimum jail sentence of thirty days. Part II: Clarifying penalties for noncompliance with the maximum speed limit under an automated speed enforcement system and specifying that any summons or citations resulting from noncompliance shall not be recorded on a person's traffic abstract and used for insurance purposes. (CD1)
Part I: Increases the penalty for a third or subsequent offense within five years of excessive speeding to a misdemeanor with a mandatory minimum jail sentence of thirty days. Part II: Clarifying penalties for noncompliance with the maximum speed limit under an automated speed enforcement system and specifying that any summons or citations resulting from noncompliance shall not be recorded on a person's traffic abstract and used for insurance purposes. (HD2)
Part I: Increases the penalty for a third or subsequent offense of excessive speeding to a class C felony. Authorizes the court, as part of the person's sentencing for the third or subsequent offense, to order that the vehicle used by the person in the commission of the offense be subject to forfeiture. Requires a repeat offender convicted of a class C felony for excessive speeding be subject to identification processing, including fingerprinting and photographing. Part II: Establishes penalties for noncompliance with the maximum speed limit under an automated speed enforcement system and specifying that any summons or citations resulting from noncompliance shall not be recorded on a person's traffic abstract and used for insurance purposes. Part III: Requires a person who was convicted of certain traffic offenses or granted a deferred acceptance of a guilty or nolo contendere plea or a conditional discharge of the offense to be ordered by the court to report for identification processing. (HD1)
Increases the penalty for a third or subsequent offense of excessive speeding to a class C felony. Authorizes the court, as part of the person's sentencing for the third or subsequent offense, to order that the vehicle used by the person in the commission of the offense be subject to forfeiture. Requires a repeat offender convicted of a class C felony for excessive speeding be subject to identification processing, including fingerprinting and photographing. Effective 7/1/2050. (SD2)
Increases the penalty for a third or subsequent offense of excessive speeding to a class C felony. Authorizes the court, as part of the person's sentencing for the third or subsequent offense, to order that the vehicle used by the person in the commission of the offense be subject to forfeiture. Requires a repeat offender convicted of a class C felony for excessive speeding be fingerprinted. Effective 7/1/2050. (SD1)
Increases the penalty for a third or subsequent offense of excessive speeding to a class C felony. Authorizes the court, as part of the person's sentencing for the third or subsequent offense, to order that the vehicle used by the person in the commission of the offense be subject to forfeiture.
HOUSE FLOOR AMENDMENT
FLOOR AMENDMENT NO. Date
TO: SENATE Bill No. 97, S.D. 2, H.D. 2, C.D. 1
SECTION 1. Senate Bill No. 97, S.D. 2, H.D. 2, C.D. 1, is amended by deleting Section 2.
SECTION 2. Senate Bill No. 97, S.D. 2, H.D. 2, C.D. 1, is amended by amending page 7, line 16 to page 8, line 19, to read as follows:
""(a)
Notwithstanding any law to the contrary and except as otherwise provided in
this chapter, beginning January 1, 2025, whenever any motor vehicle is determined,
by means of an automated speed enforcement system, to have [exceeded the
posted maximum speed limit by not less than five miles per hour in violation of]
violated section 291C-108, the State's third‑party contractor
shall cause a summons or citation, as described in this section, to be sent by
first-class mail[ that is postmarked within ten calendar days after the date of
the incident, to the registered owner of the motor vehicle at the address on
record at the vehicle licensing division. If the end of the ten-calendar-day
period falls on a Saturday, Sunday, or holiday, then the ending period shall
run until the end of the next day that is not a Saturday, Sunday, or holiday. The
registered owner shall be determined by the identification of the motor vehicle
license plate.""
SECTION 3. Senate Bill No. 97, S.D. 2, H.D. 2, C.D. 1, is amended by renumbering sections 3, 4, 5, and 6 as sections 2, 3, 4, and 5, respectively.
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SENATE FLOOR AMENDMENT
FLOOR AMENDMENT NO. Date
TO: SENATE Bill No. 97, S.D. 2, H.D. 2, C.D. 1
SECTION 1. Senate Bill No. 97, S.D. 2, H.D. 2, C.D. 1, is amended by deleting Section 2.
SECTION 2. Senate Bill No. 97, S.D. 2, H.D. 2, C.D. 1, is amended by amending page 7, line 16 to page 8, line 19, to read as follows:
""(a)
Notwithstanding any law to the contrary and except as otherwise provided in
this chapter, beginning January 1, 2025, whenever any motor vehicle is determined,
by means of an automated speed enforcement system, to have [exceeded the
posted maximum speed limit by not less than five miles per hour in violation of]
violated section 291C-108, the State's third‑party contractor
shall cause a summons or citation, as described in this section, to be sent by
first-class mail[ that is postmarked within ten calendar days after the date of
the incident, to the registered owner of the motor vehicle at the address on
record at the vehicle licensing division. If the end of the ten-calendar-day
period falls on a Saturday, Sunday, or holiday, then the ending period shall
run until the end of the next day that is not a Saturday, Sunday, or holiday. The
registered owner shall be determined by the identification of the motor vehicle
license plate.""
SECTION 3. Senate Bill No. 97, S.D. 2, H.D. 2, C.D. 1, is amended by renumbering sections 3, 4, 5, and 6 as sections 2, 3, 4, and 5, respectively.
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THE SENATE |
S.B. NO. |
97 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 2 |
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A BILL FOR AN ACT
RELATING TO MOTOR VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291C-105, Hawaii Revised Statutes, is amended to read as follows:
"§291C-105 Excessive speeding. (a) No person shall drive a motor vehicle at a speed exceeding:
(1) The applicable state or county speed limit by thirty miles per hour or more; or
(2) Eighty miles per hour or more irrespective of the applicable state or county speed limit.
(b) For the purposes of this section, "the
applicable state or county speed limit" means[:] the maximum
speed limit established:
(1) [The maximum speed limit established
by] By county ordinance;
(2) [The maximum speed limit established
by] By official signs placed by the director of transportation on
highways under the director's jurisdiction; or
(3) [The maximum speed limit established
pursuant] Pursuant to section 291C-104 by the director of
transportation or the counties for school zones and construction areas in their
respective jurisdictions.
(c) Any person who violates [this section]
subsection (a) shall be guilty of a petty misdemeanor and shall be
sentenced as follows without the possibility of probation or suspension of
sentence:
(1) For a first offense not preceded by a
prior conviction for an offense under [this section] subsection (a)
in the preceding five years:
(A) A fine of not less than $500 and not more than $1,000;
(B) Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work‑related purposes;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into
the neurotrauma special fund[;] under section 321H-4;
(E) [May be charged a] A surcharge
of [up to] not more than $100 to be deposited into the trauma
system special fund under section 321-22.5, if the court so orders;
(F) An assessment for driver education pursuant to section 286G-3; and
(G) Either one of the following:
(i) Thirty-six hours of community service work; or
(ii) Not less than forty-eight hours and not more than five days of imprisonment; and
(2) For an offense that occurs within five
years of a prior conviction for an offense under [this section, by:] subsection
(a):
(A) A fine of not less than $750 and not more than $1,000;
(B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into
the neurotrauma special fund[;] under section 321H-4;
(E) [May be charged a] A surcharge
of [up to] not more than $100 to be deposited into the trauma
system special fund under section 321-22.5, if the court so orders;
(F) An assessment for driver education pursuant to section 286G-3; and
(G) Either one of the following:
(i) Not less than one hundred twenty hours of community service work; or
(ii) Not less than five days but not more than
fourteen days of imprisonment of which at least forty-eight hours shall be
served consecutively[; and
(3) For an offense that occurs within
five years of two prior convictions for offenses under this section, by:
(A) A fine of $1,000;
(B) Revocation of license and privilege
to operate a vehicle for a period of not less than ninety days but not more
than one year;
(C) Attendance in a course of
instruction in driver retraining;
(D) No fewer than ten days but no more
than thirty days of imprisonment of which at least forty-eight hours shall be
served consecutively;
(E) A surcharge of $25 to be deposited
into the neurotrauma special fund;
(F) May be charged a surcharge of up to $100 to
be deposited into the trauma system special fund if the court so orders; and
(G) An assessment for driver education
pursuant to section 286G-3].
(d) Notwithstanding subsection (c), any person who violates subsection (a) within five years of two prior convictions for the same offense shall be guilty of a misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:
(1) A mandatory minimum jail sentence of thirty days;
(2) Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than six months;
(3) Attendance in a course of instruction in driver retraining;
(4) A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;
(5) A surcharge of not more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders;
(6) An assessment for driver education pursuant to section 286G-3; and
(7) That the vehicle used in the commission of the offense be subject to forfeiture under chapter 712A, if the court so orders."
PART II
SECTION 2. Section 291L-5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a)
Notwithstanding any law to the contrary and except as otherwise provided
in this chapter, beginning January 1, 2025, whenever any motor vehicle is
determined, by means of an automated speed enforcement system, to have [exceeded
the posted maximum speed limit by not less than five miles per hour in
violation of] violated section 291C-108, the State's third‑party
contractor shall cause a summons or citation, as described in this section, to
be sent by first-class mail that is postmarked within ten calendar days after
the date of the incident, to the registered owner of the motor vehicle at the
address on record at the vehicle licensing division. If the end of the ten‑calendar-day
period falls on a Saturday, Sunday, or holiday, then the ending period shall
run until the end of the next day that is not a Saturday, Sunday, or holiday. The registered owner shall be determined by
the identification of the motor vehicle license plate."
2. By amending subsection (d) to read:
"(d)
Before mailing the summons or citation for a traffic infraction pursuant
to subsection (a), the applicable county police department shall review and
verify the [validity of the] clear and unobstructed photographic,
digital, or other visual image of the license plate of the motor vehicle
required under this section."
PART III
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, 2025.
Report Title:
Excessive Speeding; Vehicle; Property Forfeiture; Penalties; Automated Speed Enforcement Systems
Description:
Part I: Increases the penalty for a third or subsequent offense within five years of excessive speeding to a misdemeanor with a mandatory minimum jail sentence of thirty days. Part II: Clarifying when a summons or citation is sent under an automated speed enforcement system. (CD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
97 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO MOTOR VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291C-105, Hawaii Revised Statutes, is amended to read as follows:
"§291C-105 Excessive speeding. (a) No person shall drive a motor vehicle at a speed exceeding:
(1) The applicable state or county speed limit by thirty miles per hour or more; or
(2) Eighty miles per hour or more irrespective of the applicable state or county speed limit.
(b) For the purposes of this section, "the
applicable state or county speed limit" means[:] the maximum
speed limit established:
(1) [The maximum speed limit established
by] By county ordinance;
(2) [The maximum speed limit established
by] By official signs placed by the director of transportation on
highways under the director's jurisdiction; or
(3) [The maximum speed limit established
pursuant] Pursuant to section 291C-104 by the director of
transportation or the counties for school zones and construction areas in their
respective jurisdictions.
(c) Any person who violates [this section]
subsection (a) shall be guilty of a petty misdemeanor and shall be
sentenced as follows without the possibility of probation or suspension of
sentence:
(1) For a first offense not preceded by a
prior conviction for an offense under [this section] subsection (a)
in the preceding five years:
(A) A fine of not less than $500 and not more than $1,000;
(B) Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work‑related purposes;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into
the neurotrauma special fund[;] under section 321H-4;
(E) [May be charged a] A surcharge
of [up to] not more than $100 to be deposited into the trauma
system special fund under section 321-22.5, if the court so orders;
(F) An assessment for driver education pursuant to section 286G-3; and
(G) Either one of the following:
(i) Thirty-six hours of community service work; or
(ii) Not less than forty-eight hours and not more than five days of imprisonment; and
(2) For an offense that occurs within five
years of a prior conviction for an offense under [this section, by:] subsection
(a):
(A) A fine of not less than $750 and not more than $1,000;
(B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into
the neurotrauma special fund[;] under section 321H-4;
(E) [May be charged a] A surcharge
of [up to] not more than $100 to be deposited into the trauma
system special fund under section 321-22.5, if the court so orders;
(F) An assessment for driver education pursuant to section 286G-3; and
(G) Either one of the following:
(i) Not less than one hundred twenty hours of community service work; or
(ii) Not less than five days but not more
than fourteen days of imprisonment of which at least forty-eight hours shall be
served consecutively[; and
(3) For an offense that occurs within
five years of two prior convictions for offenses under this section, by:
(A) A fine of $1,000;
(B) Revocation of license and privilege
to operate a vehicle for a period of not less than ninety days but not more
than one year;
(C) Attendance in a course of
instruction in driver retraining;
(D) No fewer than ten days but no more
than thirty days of imprisonment of which at least forty-eight hours shall be
served consecutively;
(E) A surcharge of $25 to be deposited
into the neurotrauma special fund;
(F) May be charged a surcharge of up to $100 to
be deposited into the trauma system special fund if the court so orders; and
(G) An assessment for driver education
pursuant to section 286G-3].
(d) Notwithstanding subsection (c), any person who violates subsection (a) within five years of two prior convictions for the same offense shall be guilty of a misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:
(1) A mandatory minimum jail sentence of thirty days;
(2) Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than six months;
(3) Attendance in a course of instruction in driver retraining;
(4) A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;
(5) A surcharge of not more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders;
(6) An assessment for driver education pursuant to section 286G-3; and
(7) That the vehicle used in the commission of the offense be subject to forfeiture under chapter 712A, if the court so orders."
PART II
SECTION 2. Chapter 291L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§291L- Penalty. (a) The penalties for noncompliance with the maximum speed limit under an automated speed enforcement system shall be as provided in sections 291C-108 and 291C-161.
(b) Any summons or citations issued or convictions resulting from this chapter shall not be recorded on a person's traffic abstract and shall not be used for insurance purposes in the provision of motor vehicle insurance coverage."
SECTION 3. Section 291L-5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a)
Notwithstanding any law to the contrary and except as otherwise provided
in this chapter, beginning January 1, 2025, whenever any motor vehicle is
determined, by means of an automated speed enforcement system, to have [exceeded
the posted maximum speed limit by not less than five miles per hour in
violation of] violated section 291C-108, the State's third‑party
contractor shall cause a summons or citation, as described in this section, to
be sent by first-class mail[, that is postmarked within ten calendar days
after the date of the incident,] to the registered owner of the motor
vehicle. The summons or citation shall
be mailed to the registered [owner of the motor vehicle at the] owner's
address on record at the vehicle licensing division[.] and submitted
to the post office within ten calendar days after the date of the
incident. The State or the State's
third-party contractor shall implement a process to record the date on which
the summons or citation was submitted to the post office, and the record shall
be prima facie evidence of the date the summons or citation was submitted to
the post office. If the end of the
ten-calendar-day period falls on a Saturday, Sunday, or holiday, then the
ending period shall run until the end of the next day that is not a Saturday,
Sunday, or holiday. The registered owner
shall be determined by the identification of the motor vehicle license plate[.],
and corresponding records maintained by the vehicle licensing division."
2. By amending subsection (d) to read:
"(d)
Before mailing the summons or citation for a traffic infraction pursuant
to subsection (a), the applicable county police department shall review and
verify the [validity of the] clear and unobstructed photographic,
digital, or other visual image of the license plate of the motor vehicle
required under this section."
PART III
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, 2025.
Report Title:
Excessive Speeding; Vehicle; Property Forfeiture; Penalties; Automated Speed Enforcement Systems
Description:
Part I: Increases the penalty for a third or subsequent offense within five years of excessive speeding to a misdemeanor with a mandatory minimum jail sentence of thirty days. Part II: Clarifying penalties for noncompliance with the maximum speed limit under an automated speed enforcement system and specifying that any summons or citations resulting from noncompliance shall not be recorded on a person's traffic abstract and used for insurance purposes. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
97 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO MOTOR VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291C-105, Hawaii Revised Statutes, is amended to read as follows:
"§291C-105 Excessive speeding. (a) No person shall drive a motor vehicle at a speed exceeding:
(1) The applicable state or county speed limit by thirty miles per hour or more; or
(2) Eighty miles per hour or more irrespective of the applicable state or county speed limit.
(b) For the purposes of this section, "the
applicable state or county speed limit" means[:] the minimum
speed limit established:
(1) [The maximum speed limit established
by] By county ordinance;
(2) [The maximum speed limit established
by] By official signs placed by the director of transportation on
highways under the director's jurisdiction; or
(3) [The maximum speed limit established
pursuant] Pursuant to section 291C-104 by the director of
transportation or the counties for school zones and construction areas in their
respective jurisdictions.
(c) Any person who violates [this section]
subsection (a) shall be guilty of a petty misdemeanor and shall be
sentenced as follows without the possibility of probation or suspension of
sentence:
(1) For a first offense not preceded by a
prior conviction for an offense under [this section] subsection (a)
in the preceding five years:
(A) A fine of [not] no less
than $500 and [not] no more than $1,000;
(B) Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work‑related purposes;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into
the neurotrauma special fund[;] under section 321H-4;
(E) [May be charged a] A surcharge
of [up to] no more than $100 to be deposited into the trauma
system special fund under section 321-22.5, if the court so orders;
(F) An assessment for driver education pursuant to section 286G-3; and
(G) Either one of the following:
(i) Thirty-six hours of community service work; or
(ii) [Not] No less than
forty-eight hours and [not] no more than five days of
imprisonment; and
(2) For an offense that occurs within five
years of a prior conviction for an offense under [this section, by:] subsection
(a):
(A) A fine of [not] no less
than $750 and [not] no more than $1,000;
(B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into
the neurotrauma special fund[;] under section 321H-4;
(E) [May be charged a] A surcharge
of [up to] no more than $100 to be deposited into the trauma
system special fund under section 321-22.5, if the court so orders;
(F) An assessment for driver education pursuant to section 286G-3; and
(G) Either one of the following:
(i) [Not] No less than one
hundred twenty hours of community service work; or
(ii) [Not] No less than five
days but [not] no more than fourteen days of imprisonment of
which at least forty-eight hours shall be served consecutively[; and
(3) For an offense that occurs within
five years of two prior convictions for offenses under this section, by:
(A) A fine of $1,000;
(B) Revocation of license and privilege
to operate a vehicle for a period of not less than ninety days but not more
than one year;
(C) Attendance in a course of
instruction in driver retraining;
(D) No fewer than ten days but no more
than thirty days of imprisonment of which at least forty-eight hours shall be
served consecutively;
(E) A surcharge of $25 to be deposited
into the neurotrauma special fund;
(F) May be charged a surcharge of up to $100 to
be deposited into the trauma system special fund if the court so orders; and
(G) An assessment for driver education
pursuant to section 286G-3].
(d) Notwithstanding subsection (c), any person who violates subsection (a) within five years of two prior convictions for the same offense shall be guilty of a misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:
(1) A mandatory minimum jail sentence of thirty days;
(2) Revocation of license and privilege to operate a vehicle for a period of no less than ninety days but no more than six months;
(3) Attendance in a course of instruction in driver retraining;
(4) A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;
(5) A surcharge of no more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders;
(6) An assessment for driver education pursuant to section 286G-3;
(7) To report, within seven days, to the appropriate police department, sheriff's office, or other governmental agency for fingerprinting; and
(8) That the vehicle used in the commission of the offense be subject to forfeiture under chapter 712A, if the court so orders."
PART II
SECTION 2. Chapter 291L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§291L- Penalty. (a) The penalties for noncompliance with the maximum speed limit under an automated speed enforcement system shall be as provided in sections 291C-108 and 291C-161.
(b) Any summons or citations issued or convictions resulting from this chapter shall not be recorded on a person's traffic abstract and shall not be used for insurance purposes in the provision of motor vehicle insurance coverage."
SECTION 3. Section 291L-5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a)
Notwithstanding any law to the contrary and except as otherwise provided
in this chapter, beginning January 1, 2025, whenever any motor vehicle is
determined, by means of an automated speed enforcement system, to have [exceeded
the posted maximum speed limit by not less than five miles per hour in
violation of] violated section 291C-108, the State's third-party
contractor shall cause a summons or citation, as described in this section, to
be sent by first-class mail[, that is postmarked within ten calendar days
after the date of the incident,] to the registered owner of the motor
vehicle. The summons or citation shall
be mailed to the registered [owner of the motor vehicle at the] owner's
address on record at the vehicle licensing division[.] and submitted
to the post office within ten calendar days after the date of the
incident. The State or the State's
third-party contractor shall implement a process to record the date on which
the summons or citation was submitted to the post office, and the record shall
be prima facie evidence of the date the summons or citation was submitted to
the post office. If the end of the
ten-calendar-day period falls on a Saturday, Sunday, or holiday, then the
ending period shall run until the end of the next day that is not a Saturday,
Sunday, or holiday. The registered owner
shall be determined by the identification of the motor vehicle license plate[.],
and corresponding records maintained by the vehicle licensing division."
2. By amending subsection (d) to read:
"(d) Before mailing
the summons or citation for a traffic infraction pursuant to subsection (a),
the applicable county police department shall review and verify the [validity
of the] clear and unobstructed photographic, digital, or other visual image
of the license plate of the motor vehicle required under this section."
PART III
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, 2025.
Report Title:
Excessive Speeding; Vehicle; Property Forfeiture; Penalties; Automated Speed Enforcement Systems
Description:
Part I: Increases the penalty for a third or subsequent offense within five years of excessive speeding to a misdemeanor with a mandatory minimum jail sentence of thirty days. Part II: Clarifying penalties for noncompliance with the maximum speed limit under an automated speed enforcement system and specifying that any summons or citations resulting from noncompliance shall not be recorded on a person's traffic abstract and used for insurance purposes. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
97 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 1 |
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|
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A BILL FOR AN ACT
RELATING TO MOTOR VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291C-105, Hawaii Revised Statutes, is amended to read as follows:
"§291C-105 Excessive speeding. (a) No person shall drive a motor vehicle at a speed exceeding:
(1) The applicable state or county speed limit by thirty miles per hour or more; or
(2) Eighty miles per hour or more irrespective of the applicable state or county speed limit.
(b) For the purposes of this section, "the applicable state or county speed limit" means:
(1) The maximum speed limit established by county ordinance;
(2) The maximum speed limit established by official signs placed by the director of transportation on highways under the director's jurisdiction; or
(3) The maximum speed limit established pursuant to section 291C-104 by the director of transportation or the counties for school zones and construction areas in their respective jurisdictions.
(c) Any person who violates [this section]
subsection (a) shall be guilty of a petty misdemeanor and shall be
sentenced as follows without the possibility of probation or suspension of
sentence:
(1) For a first offense not preceded by a
prior conviction for an offense under [this section] subsection (a)
in the preceding five years:
(A) A fine of [not] no less
than $500 and [not] no more than $1,000;
(B) Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work‑related purposes;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into
the neurotrauma special fund[;] under section 321H-4;
(E) [May be charged a] A surcharge
of [up to] no more than $100 to be deposited into the trauma
system special fund under section 321-22.5, if the court so orders;
(F) An assessment for driver education pursuant to section 286G-3; and
(G) Either one of the following:
(i) Thirty-six hours of community service work; or
(ii) [Not] No less than
forty-eight hours and [not] no more than five days of
imprisonment; and
(2) For an offense that occurs within five
years of a prior conviction for an offense under [this section, by:] subsection
(a):
(A) A fine of [not] no less
than $750 and [not] no more than $1,000;
(B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into
the neurotrauma special fund[;] under section 321H-4;
(E) [May be charged a] A surcharge
of [up to] no more than $100 to be deposited into the trauma
system special fund under section 321-22.5, if the court so orders;
(F) An assessment for driver education pursuant to section 286G-3; and
(G) Either one of the following:
(i) [Not] No less than one
hundred twenty hours of community service work; or
(ii) [Not] No less than five
days but [not] no more than fourteen days of imprisonment of
which at least forty-eight hours shall be served consecutively[; and
(3) For an offense that occurs within
five years of two prior convictions for offenses under this section, by:
(A) A fine of $1,000;
(B) Revocation of license and privilege
to operate a vehicle for a period of not less than ninety days but not more
than one year;
(C) Attendance in a course of
instruction in driver retraining;
(D) No fewer than ten days but no more
than thirty days of imprisonment of which at least forty-eight hours shall be
served consecutively;
(E) A surcharge of $25 to be deposited
into the neurotrauma special fund;
(F) May be charged a surcharge of up to $100 to
be deposited into the trauma system special fund if the court so orders; and
(G) An assessment for driver education
pursuant to section 286G-3].
(d) Notwithstanding subsection (c), any person who violates subsection (a) within five years of two prior convictions for the same offense shall be guilty of a class C felony and shall be sentenced to an indeterminate term of imprisonment of five years pursuant to section 706-660 without the possibility of probation or suspension of sentence, along with the following:
(1) Revocation of license and privilege to operate a vehicle for a period of no less than ninety days but no more than one year; provided that the applicable period of revocation shall commence upon the release of the person from the period of imprisonment imposed pursuant to this section;
(2) A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;
(3) A surcharge of no more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders;
(4) An assessment for driver education pursuant to section 286G‑3; and
(5) That the vehicle used in the commission of the offense be subject to forfeiture under chapter 712A, if the court so orders.
(e) Any person who is convicted of violating subsection (a) shall be ordered by the court to report to the appropriate police department, sheriff's office, or other governmental agency for identification processing, including fingerprinting and photographing as provided in section 846-2.5(b), if that person has not previously undergone identification processing for the offense."
PART II
SECTION 2. Chapter 291L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§291L- Penalty. (a) The penalties for noncompliance with the maximum speed limit under an automated speed enforcement system shall be as provided in sections 291C-108 and 291C-161.
(b) Any summons or citations issued or convictions resulting from this chapter shall not be recorded on a person's traffic abstract and shall not be used for insurance purposes in the provision of motor vehicle insurance coverage."
SECTION 3. Section 291L-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
Notwithstanding any law to the contrary and except as otherwise provided
in this chapter, beginning January 1, 2025, [whenever any motor vehicle is
determined, by means of] when an automated speed enforcement system[,
to have exceeded the posted maximum speed limit by not less than five miles per
hour in violation of] determines that a motor vehicle has violated
section 291C-108, the State's third-party contractor shall [cause] issue
a summons or citation[, as described] in accordance with this
section[, to]. The summons or
citations shall be sent by first-class mail[, that is] and
postmarked [within] no later than ten calendar days [after the
date of the incident,] following the date of the violation to the
registered owner of the motor vehicle at the address on record at the vehicle
licensing division. If the [end of
the ten-calendar-day period] tenth day falls on a Saturday, Sunday,
or [holiday, then the ending period shall run until the end of the next day
that is not a Saturday, Sunday, or holiday.] state-recognized holiday,
the deadline shall be extended to the next business day. The registered owner shall be [determined
by the identification of] identified based on the motor vehicle
license plate[.] and corresponding records maintained by the vehicle
licensing division."
PART III
SECTION 4. Section 286-136, Hawaii Revised Statutes, is amended to read as follows:
"§286-136 Penalty. (a) Any person who violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be penalized as follows:
(1) For a first offense, or any offense not preceded within a five-year period for the same offense, the person shall pay a fine of no more than $1,000 or serve a term of imprisonment of no more than thirty days, or both;
(2) For an offense that occurs within five years of a prior conviction for the same offense, the person shall pay a minimum fine of $500 and a maximum fine of $1,000, or serve a term of imprisonment of no more than one year, or both; or
(3) For an offense that occurs within five years of two or more prior convictions for the same offense, the person shall be guilty of a class C felony; provided that the court, as part of the person's sentencing, may order that the vehicle used by the person in the commission of the offense be subject to forfeiture under chapter 712A.
(b) Any person who violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 and was convicted or granted a deferred acceptance of a guilty or nolo contendere plea or a conditional discharge of the offense shall be ordered by the court to report to the appropriate police department, sheriff's office, or other governmental agency for identification processing, including fingerprinting and photographing as provided in section 846-2.5(b), if that person has not previously undergone such identification processing for the offense.
[(b)]
(c) Any person who violates any
other section in this part shall be fined no more than $1,000.
[(c)]
(d) Notwithstanding subsections
(a) and [(b),] (c), a minor under the age of eighteen under the
jurisdiction of the family court who is subject to this section shall either
lose the right to drive a motor vehicle until the age of eighteen or be subject
to a fine of $500.
[(d)]
(e) Any person subject to a fine
under this section and who fails to timely pay the fine shall be given an
opportunity to petition the court to demonstrate that the person's nonpayment
or inability to pay is not wilful; provided that if the person petitions the
court, the court shall make an individualized assessment of the person's
ability to pay based upon the totality of the circumstances, including the
person's disposable income, financial obligations, and liquid assets; provided
further that if the court determines that the person's nonpayment or inability
to pay is not wilful, the court may enter an order that allows additional time
for payment; reduces the amount of each installment; revokes the fee or fine,
or unpaid portion thereof, in whole or in part; or converts any outstanding
fine to community service."
PART IV
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2025.
Report Title:
Excessive Speeding; Vehicle; Property Forfeiture; Penalties; Automated Speed Enforcement Systems
Description:
Part I: Increases the penalty for a third or subsequent offense of excessive speeding to a class C felony. Authorizes the court, as part of the person's sentencing for the third or subsequent offense, to order that the vehicle used by the person in the commission of the offense be subject to forfeiture. Requires a repeat offender convicted of a class C felony for excessive speeding be subject to identification processing, including fingerprinting and photographing. Part II: Establishes penalties for noncompliance with the maximum speed limit under an automated speed enforcement system and specifying that any summons or citations resulting from noncompliance shall not be recorded on a person's traffic abstract and used for insurance purposes. Part III: Requires a person who was convicted of certain traffic offenses or granted a deferred acceptance of a guilty or nolo contendere plea or a conditional discharge of the offense to be ordered by the court to report for identification processing. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
97 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO MOTOR VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291C-105, Hawaii Revised Statutes, is amended to read as follows:
"§291C-105 Excessive speeding. (a) No person shall drive a motor vehicle at a speed exceeding:
(1) The applicable state or county speed limit by thirty miles per hour or more; or
(2) Eighty miles per hour or more irrespective of the applicable state or county speed limit.
(b) For the purposes of this section, "the applicable state or county speed limit" means:
(1) The maximum speed limit established by county ordinance;
(2) The maximum speed limit established by official signs placed by the director of transportation on highways under the director's jurisdiction; or
(3) The maximum speed limit established pursuant to section 291C-104 by the director of transportation or the counties for school zones and construction areas in their respective jurisdictions.
(c) Any person who violates [this section]
subsection (a) shall be guilty of a petty misdemeanor and shall be
sentenced as follows without the possibility of probation or suspension of
sentence:
(1) For a first offense not preceded by a
prior conviction for an offense under [this section] subsection (a)
in the preceding five years:
(A) A fine of not less than $500 and not more than $1,000;
(B) Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work‑related purposes;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into the neurotrauma special fund;
(E) May be charged a surcharge of [up to] not
more than $100 to be deposited into the trauma system special fund,
if the court so orders;
(F) An assessment for driver education pursuant to section 286G-3; and
(G) Either one of the following:
(i) Thirty-six hours of community service work; or
(ii) Not less than forty-eight hours and not more than five days of imprisonment; and
(2) For an offense that occurs within five
years of a prior conviction for an offense under [this section,] subsection
(a), by:
(A) A fine of not less than $750 and not more than $1,000;
(B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into the neurotrauma special fund;
(E) May be charged a surcharge of [up to] not
more than $100 to be deposited into the trauma system special fund,
if the court so orders;
(F) An assessment for driver education pursuant to section 286G-3; and
(G) Either one of the following:
(i) Not less than one hundred twenty hours of community service work; or
(ii) Not less than five days but not more
than fourteen days of imprisonment of which at least forty-eight hours shall be
served consecutively[; and
(3) For an offense that occurs within
five years of two prior convictions for offenses under this section, by:
(A) A fine of $1,000;
(B) Revocation of license and privilege
to operate a vehicle for a period of not less than ninety days but not more
than one year;
(C) Attendance in a course of
instruction in driver retraining;
(D) No fewer than ten days but no more
than thirty days of imprisonment of which at least forty-eight hours shall be
served consecutively;
(E) A surcharge of $25 to be deposited
into the neurotrauma special fund;
(F) May be charged a surcharge of up to $100 to
be deposited into the trauma system special fund if the court so orders; and
(G) An assessment for driver education
pursuant to section 286G-3].
(d) Notwithstanding subsection (c), any person who violates subsection (a) within five years of two prior convictions for the same offense shall be guilty of a class C felony and shall be sentenced to an indeterminate term of imprisonment of five years pursuant to section 706-660 without the possibility of probation or suspension of sentence, along with the following:
(1) Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than one year; provided that the applicable period of revocation shall commence upon the release of the person from the period of imprisonment imposed pursuant to this section;
(2) A surcharge of $25 to be deposited into the neurotrauma special fund;
(3) May be charged a surcharge of not more than $100 to be deposited into the trauma system special fund, if the court so orders;
(4) An assessment for driver education pursuant to section 286G‑3; and
(5) May be ordered that the vehicle used in the commission of the offense be subject to forfeiture under chapter 712A.
(e) Any person who is convicted of violating subsection (a) shall be ordered by the court to report to the appropriate police department, sheriff's office, or other governmental agency for identification processing, including fingerprinting and photographing as provided in section 846-2.5(b), if that person has not previously undergone identification processing for the offense."
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 on July 1, 2050.
Report Title:
Excessive Speeding; Vehicle; Property Forfeiture; Penalties
Description:
Increases the penalty for a third or subsequent offense of excessive speeding to a class C felony. Authorizes the court, as part of the person's sentencing for the third or subsequent offense, to order that the vehicle used by the person in the commission of the offense be subject to forfeiture. Requires a repeat offender convicted of a class C felony for excessive speeding be subject to identification processing, including fingerprinting and photographing. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
97 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291C-105, Hawaii Revised Statutes, is amended to read as follows:
"§291C-105 Excessive speeding. (a) No person shall drive a motor vehicle at a speed exceeding:
(1) The applicable state or county speed limit by thirty miles per hour or more; or
(2) Eighty miles per hour or more irrespective of the applicable state or county speed limit.
(b) For the purposes of this section, "the applicable state or county speed limit" means:
(1) The maximum speed limit established by county ordinance;
(2) The maximum speed limit established by official signs placed by the director of transportation on highways under the director's jurisdiction; or
(3) The maximum speed limit established pursuant to section 291C-104 by the director of transportation or the counties for school zones and construction areas in their respective jurisdictions.
(c) Any person who violates [this section]
subsection (a) shall be guilty of a petty misdemeanor and shall be
sentenced as follows without the possibility of probation or suspension of
sentence:
(1) For a first offense not preceded by a
prior conviction for an offense under [this section] subsection (a)
in the preceding five years:
(A) A fine of not less than $500 and not more than $1,000;
(B) Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work‑related purposes;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into the neurotrauma special fund;
(E) May be charged a surcharge of [up to] not
more than $100 to be deposited into the trauma system special fund,
if the court so orders;
(F) An assessment for driver education pursuant to section 286G-3; and
(G) Either one of the following:
(i) Thirty-six hours of community service work; or
(ii) Not less than forty-eight hours and not more than five days of imprisonment; and
(2) For an offense that occurs within five years
of a prior conviction for an offense under [this section,] subsection
(a), by:
(A) A fine of not less than $750 and not more than $1,000;
(B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into the neurotrauma special fund;
(E) May be charged a surcharge of [up to] not
more than $100 to be deposited into the trauma system special fund,
if the court so orders;
(F) An assessment for driver education pursuant to section 286G-3; and
(G) Either one of the following:
(i) Not less than one hundred twenty hours of community service work; or
(ii) Not less than five days but not more
than fourteen days of imprisonment of which at least forty-eight hours shall be
served consecutively[; and
(3) For an offense that occurs within
five years of two prior convictions for offenses under this section, by:
(A) A fine of $1,000;
(B) Revocation of license and privilege
to operate a vehicle for a period of not less than ninety days but not more
than one year;
(C) Attendance in a course of
instruction in driver retraining;
(D) No fewer than ten days but no more
than thirty days of imprisonment of which at least forty-eight hours shall be
served consecutively;
(E) A surcharge of $25 to be deposited
into the neurotrauma special fund;
(F) May be charged a surcharge of up to $100 to
be deposited into the trauma system special fund if the court so orders; and
(G) An assessment for driver education
pursuant to section 286G-3].
(d) Notwithstanding subsection (c), any person who violates subsection (a) within five years of two prior convictions for the same offense shall be guilty of a class C felony and shall be sentenced as follows without the possibility of probation or suspension of sentence:
(1) Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than one year;
(2) Attendance in a course of instruction in driver retraining;
(3) A surcharge of $25 to be deposited into the neurotrauma special fund;
(4) May be charged a surcharge of not more than $100 to be deposited into the trauma system special fund, if the court so orders;
(5) An assessment for driver education pursuant to section 286G‑3; and
(6) May be ordered that the vehicle used in the commission of the offense be subject to forfeiture under chapter 712A.
(e) Any person who violates subsection (a) within five years of two prior convictions for the same offense and was convicted of a class C felony shall be fingerprinted by law enforcement upon conviction."
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 on July 1, 2050.
Report Title:
Excessive Speeding; Vehicle; Property Forfeiture; Penalties
Description:
Increases the penalty for a third or subsequent offense of excessive speeding to a class C felony. Authorizes the court, as part of the person's sentencing for the third or subsequent offense, to order that the vehicle used by the person in the commission of the offense be subject to forfeiture. Requires a repeat offender convicted of a class C felony for excessive speeding be fingerprinted. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
97 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291C-105, Hawaii Revised Statutes, is amended to read as follows:
"§291C-105 Excessive speeding. (a) No person shall drive a motor vehicle at a speed exceeding:
(1) The applicable state or county speed limit by thirty miles per hour or more; or
(2) Eighty miles per hour or more irrespective of the applicable state or county speed limit.
(b) For the purposes of this section, "the applicable state or county speed limit" means:
(1) The maximum speed limit established by county ordinance;
(2) The maximum speed limit established by official signs placed by the director of transportation on highways under the director's jurisdiction; or
(3) The maximum speed limit established pursuant to section 291C-104 by the director of transportation or the counties for school zones and construction areas in their respective jurisdictions.
(c) Any person who violates [this section]
subsection (a) shall be guilty of a petty misdemeanor and shall be
sentenced as follows without the possibility of probation or suspension of
sentence:
(1) For a first offense not preceded by a
prior conviction for an offense under [this section] subsection (a)
in the preceding five years:
(A) A fine of not less than $500 and not more than $1,000;
(B) Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work-related purposes;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into the neurotrauma special fund;
(E) May be charged a surcharge of [up to] not
more than $100 to be deposited into the trauma system special fund,
if the court so orders;
(F) An assessment for driver education pursuant to section 286G-3; and
(G) Either one of the following:
(i) Thirty-six hours of community service work; or
(ii) Not less than forty-eight hours and not more than five days of imprisonment;
(2) For an offense that occurs within five
years of a prior conviction for an offense under [this section,] subsection
(a), by:
(A) A fine of not less than $750 and not more than $1,000;
(B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;
(C) Attendance in a course of instruction in driver retraining;
(D) A surcharge of $25 to be deposited into the neurotrauma special fund;
(E) May be charged a surcharge of [up to] not
more than $100 to be deposited into the trauma system special fund,
if the court so orders;
(F) An assessment for driver education pursuant to section 286G-3; and
(G) Either one of the following:
(i) Not less than one hundred twenty hours of community service work; or
(ii) Not less than five days but not more
than fourteen days of imprisonment of which at least forty-eight hours shall be
served consecutively[; and
(3) For an offense that occurs within
five years of two prior convictions for offenses under this section, by:
(A) A fine of $1,000;
(B) Revocation of license and privilege
to operate a vehicle for a period of not less than ninety days but not more
than one year;
(C) Attendance in a course of
instruction in driver retraining;
(D) No fewer than ten days but no more
than thirty days of imprisonment of which at least forty-eight hours shall be
served consecutively;
(E) A surcharge of $25 to be deposited
into the neurotrauma special fund;
(F) May be charged a surcharge of up to $100 to
be deposited into the trauma system special fund if the court so orders; and
(G) An assessment for driver education
pursuant to section 286G-3].
(d) Notwithstanding subsection (c), any person who violates subsection (a) within five years of two prior convictions for the same offense shall be guilty of a class C felony and shall be sentenced as follows without the possibility of probation or suspension of sentence:
(1) Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than one year;
(2) Attendance in a course of instruction in driver retraining;
(3) A surcharge of $25 to be deposited into the neurotrauma special fund;
(4) May be charged a surcharge of not more than $100 to be deposited into the trauma system special fund, if the court so orders;
(5) An assessment for driver education pursuant to section 286G-3; and
(6) May be ordered that the vehicle used in the commission of the offense be subject to forfeiture under chapter 712A."
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.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Excessive Speeding; Vehicle; Property Forfeiture; Penalties
Description:
Increases the penalty for a third or subsequent offense of excessive speeding to a class C felony. Authorizes the court, as part of the person's sentencing for the third or subsequent offense, to order that the vehicle used by the person in the commission of the offense be subject to forfeiture.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Jun 3, 2025 | Act 170, on 06/03/2025 (Gov. Msg. No. 1270). |
| Jun 3, 2025 | Act 170, 06/03/2025 (Gov. Msg. No. 1270). |
| May 2, 2025 | Enrolled to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 824). |
| May 2, 2025 | Received notice of Final Reading (Sen. Com. No. 889). |
| May 2, 2025 | Passed Final Reading as amended in CD 2 with Representative(s) Reyes Oda, Souza voting aye with reservations; Representative(s) Alcos, Belatti, Garcia, Muraoka voting no (4) and Representative(s) Cochran, Iwamoto excused (2). |
| May 2, 2025 | Passed Final Reading, as amended (CD 2). Ayes, 18; Aye(s) with reservations: none. Noes, 7 (Senator(s) Awa, DeCoite, DeCorte, Fevella, Hashimoto, McKelvey, San Buenaventura). Excused, 0 (none). |
| Apr 30, 2025 | 48 Hrs. Notice 05-02-25 |
| Apr 30, 2025 | Report filed. |
| Apr 30, 2025 | Separated Committee Report. |
| Apr 30, 2025 | Floor amendment adopted as amended (CD 2). |
| Apr 30, 2025 | Floor Amendment No. 14 offered. |
| Apr 30, 2025 | Forty-eight (48) hours notice Friday, 05-02-25. |
| Apr 30, 2025 | Floor amendment adopted as amended CD 2 with none voting no and Representative(s) Cochran excused. |
| Apr 30, 2025 | Floor Amendment No. 4 offered by Rep. Kila. |
| Apr 24, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 98) as amended in (CD 1). |
| Apr 24, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 98). |
| Apr 24, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Kila, Tarnas, Kitagawa, Muraoka; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 24, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Lee, C., Chang, Elefante; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 23, 2025 | Conference committee meeting to reconvene on 04-24-25 10:30AM; Conference Room 329. |
| Apr 22, 2025 | Conference committee meeting to reconvene on 04-23-25 10:30AM; Conference Room 329. |
| Apr 21, 2025 | Conference committee meeting scheduled for 04-22-25 10:30AM; Conference Room 329. |
| Apr 21, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 757). |
| Apr 17, 2025 | House Conferees Appointed: Kila, Tarnas Co-Chairs; Kitagawa, Muraoka. |
| Apr 15, 2025 | Received notice of Senate conferees (Sen. Com. No. 789). |
| Apr 15, 2025 | Senate Conferees Appointed: Lee, C. Chairs; Chang Co-Chair; Elefante. |
| Apr 8, 2025 | Received notice of disagreement (Sen. Com. No. 774). |
| Apr 8, 2025 | Senate disagrees with House amendments. |
| Apr 8, 2025 | Received from House (Hse. Com. No. 568). |
| Apr 4, 2025 | Passed Third Reading as amended in HD 2 with Representative(s) Iwamoto, Reyes Oda, Souza voting aye with reservations; Representative(s) Alcos, Garcia, Pierick voting no (3) and Representative(s) Cochran excused (1). Transmitted to Senate. |
| Apr 2, 2025 | Forty-eight (48) hours notice Friday, 04-04-25. |
| Apr 2, 2025 | Reported from JHA (Stand. Com. Rep. No. 1769) as amended in HD 2, recommending passage on Third Reading. |
| Mar 28, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Shimizu; Ayes with reservations: none; 1 Noes: Representative(s) Garcia; and 1 Excused: Representative(s) Cochran. |
| Mar 25, 2025 | Bill scheduled to be heard by JHA on Friday, 03-28-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 19, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Amato, Reyes Oda voting aye with reservations; Representative(s) Garcia, Pierick voting no (2) and Representative(s) Cochran, Ward excused (2). |
| Mar 19, 2025 | Reported from TRN (Stand. Com. Rep. No. 1376) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Mar 11, 2025 | The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Kila, Evslin, Kitagawa, La Chica, Miyake, Muraoka; Ayes with reservations: Representative(s) Grandinetti; 1 Noes: Representative(s) Pierick; and 1 Excused: Representative(s) Cochran. |
| Mar 7, 2025 | Bill scheduled to be heard by TRN on Tuesday, 03-11-25 9:00AM in House conference room 430 VIA VIDEOCONFERENCE. |
| Mar 6, 2025 | Referred to TRN, JHA, referral sheet 19 |
| Mar 6, 2025 | Pass First Reading |
| Mar 4, 2025 | Received from Senate (Sen. Com. No. 80) in amended form (SD 2). |
| Mar 4, 2025 | Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 22; Aye(s) with reservations: Senator(s) McKelvey, Richards. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none). Transmitted to House. |
| Feb 28, 2025 | 48 Hrs. Notice 03-04-25. |
| Feb 28, 2025 | Reported from JDC (Stand. Com. Rep. No. 1013) with recommendation of passage on Third Reading, as amended (SD 2). |
| Feb 26, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Gabbard, Chang; Aye(s) with reservations: none ; 1 No(es): Senator(s) San Buenaventura; and 1 Excused: Senator(s) Awa. |
| Feb 21, 2025 | The committee(s) on JDC will hold a public decision making on 02-26-25 9:40AM; Conference Room 016 & Videoconference. |
| Feb 11, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Feb 11, 2025 | Reported from TCA (Stand. Com. Rep. No. 243) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Feb 6, 2025 | The committee(s) on TCA recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in TCA were as follows: 3 Aye(s): Senator(s) Lee, C., Elefante, Kanuha; Aye(s) with reservations: none ; 1 No(es): Senator(s) DeCorte; and 1 Excused: Senator(s) Inouye. |
| Feb 4, 2025 | The committee(s) on TCA deferred the measure until 02-06-25 3:01PM; Conference Room 224. |
| Jan 31, 2025 | The committee(s) on TCA has scheduled a public hearing on 02-04-25 3:00PM; Conference Room 224 & Videoconference. |
| Jan 16, 2025 | Referred to TCA, JDC. |
| Jan 15, 2025 | Introduced and passed First Reading. |
| Jan 8, 2025 | Pending Introduction. |
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Date
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Description
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Location
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Votes
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| May 2, 2025 | Final Reading | House Floor |
Passed |
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| May 2, 2025 | Final Reading | Senate Floor |
Passed |
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| Apr 4, 2025 | Third Reading | House Floor |
Passed |
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| Mar 28, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Mar 11, 2025 | The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Transportation |
Passed |
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| Mar 4, 2025 | Third Reading | Senate Floor |
Passed |
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| Feb 26, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Feb 6, 2025 | The committee(s) on TCA recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Transportation and Culture and the Arts |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| AAA Hawaiʻi | ** Support | |
| Department of Transportation | ** Support | |
| Department of Law Enforcement | ** Support | |
| Department of Transportation | ** Support | |
| Hawaii Police Department | ** Support | |
| Honolulu Police Department | ** Support | |
| Oahu Metropolitan Planning Organization | ** Support | |
| Office of the Public Defender | ** Against | |
| Pearl City Neighborhood Board No. 21 | ** Support |
CONFERENCE COMMITTEE REP. NO. 98
Honolulu, Hawaii
, 2025
RE: S.B. No. 97
S.D. 2
H.D. 2
C.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir and Madam:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 97, S.D. 2, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO MOTOR VEHICLES,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to:
(1) Increase the penalty for a third or subsequent offense within five years of excessive speeding to a misdemeanor with a mandatory minimum jail sentence of thirty days;
(2) Clarify penalties for noncompliance with the maximum speed limit under an automated speed enforcement system; and
(3) Specify that any summons or citations resulting from noncompliance shall not be recorded on a person's traffic abstract and used for insurance purposes.
Your Committee on Conference finds that speed-related traffic fatalities and accidents are a chronic problem in the State. Your Committee on Conference further finds that strengthening the laws relating to compliance with maximum speed limits is necessary to promote public safety and protect drivers and passengers.
Your Committee on Conference has amended this measure by:
(1) Clarifying that the applicable state or county speed limit refers to the maximum speed limit instead of the minimum speed limit;
(2) Deleting language that would have required any person who violates the excessive speeding laws within five years of two prior convictions for the same offense to report, within seven days of sentencing, to the appropriate police department, sheriff's office, or other governmental agency for fingerprinting; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 97, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 97, S.D. 2, H.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
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ON THE PART OF THE SENATE |
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____________________________ DARIUS KILA Co-Chair |
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____________________________ CHRIS LEE Chair |
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____________________________ DAVID A. TARNAS Co-Chair |
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____________________________ STANLEY CHANG Co-Chair |
STAND. COM. REP. NO. 1769
Honolulu, Hawaii
, 2025
RE: S.B. No. 97
S.D. 2
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 97, S.D. 2, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO MOTOR VEHICLES,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Increase the penalty for a third or subsequent offense of excessive speeding to a class C felony and a sentence of an indeterminant term of imprisonment for five years;
(2) Authorize the court, as part of the person's sentencing for the third or subsequent offense, to order that vehicle be subject to forfeiture;
(3) Require a repeat offender convicted of a class C felony for excessive speeding be subject to identification processing;
(4) Establish penalties for noncompliance with the maximum speed limit under an automated speed enforcement system and specify that any summons or citations resulting from noncompliance shall not be recorded on a person's traffic abstract and used for insurance purposes; and
(5) Require a person convicted of certain traffic offenses or granted a deferred acceptance of a guilty or nolo contendere plea or conditional discharge of the offense who has not previously undergone identification processing be subject to identification processing.
Your Committee received testimony in support of this measure from the Department of Transportation; Honolulu Police Department; Hawaii Police Department; Pearl City Neighborhood Board No. 21; and Oahu Metropolitan Planning Organization. Your Committee received testimony in opposition to this measure from the Office of the Public Defender and two individuals. Your Committee received comments on this measure from one individual.
Your Committee finds that excessive speeding is a leading cause of severe traffic collisions, injuries, and fatalities in Hawaii. Speed-related crashes have accounted for a significant portion of roadway deaths in the State, with nearly half of all traffic fatalities over the past decade involving speeding. By enhancing penalties for repeat offenders, this measure aims to deter reckless driving behavior and improve safety on Hawaii's roads.
Your Committee has amended this measure by:
(1) Changing the penalty from a class C felony to a misdemeanor and deleting language requiring the person to be sentenced to an indeterminate term of imprisonment of five years;
(2) Amending the sentencing for a third or subsequent offense of excessive speeding;
(3) Deleting language that would have required a repeat offender to be ordered by the court to report for identification processing;
(4) Clarifying language relating to summons and citations issued under the Automated Speed Enforcement Systems Program;
(5) Deleting language that would have required a person convicted of certain traffic offenses or granted a deferred acceptance of a guilty or nolo contendere plea or conditional discharge of the offense who has not previously undergone identification processing be subject to identification processing; and
(6) 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 97, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 97, S.D. 2, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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STAND. COM. REP. NO. 1376
Honolulu, Hawaii
, 2025
RE: S.B. No. 97
S.D. 2
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 S.B. No. 97, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO MOTOR VEHICLES,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Increase the penalty for a third or subsequent offense of excessive speeding to a class C felony and a sentence of an indeterminant term of imprisonment of five years;
(2) Authorize the court, as part of the person's sentencing for the third or subsequent offense, to order that the vehicle be subject to forfeiture; and
(3) Require a repeat offender convicted of a class C felony for excessive speeding be subject to identification processing.
Your Committee received testimony in support of this measure from the Department of Transportation; Department of Law Enforcement; Hawaii Police Department; Honolulu Police Department; Oahu Metropolitan Planning Organization; AAA Hawaiʻi; and one individual. 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 Attorney General.
Your Committee finds that excessive speeding presents a significant threat to public safety, contributing to severe accidents, injuries, and fatalities on Hawaii's roads. Your Committee further finds that a 2011 study conducted by the AAA Foundation for Traffic Safety found that the average risk of death for a pedestrian reaches fifty percent at an impact speed of forty-two miles per hour, seventy-five percent at fifty miles per hour, and ninety percent at fifty-eight miles per hour. These alarming statistics do not even consider variables such as age which would likely result in higher fatality rates for the most vulnerable populations. By enhancing the penalty for repeat offenders to a felony offense and the possibility of forfeiture of the vehicle, this measure aims to deter dangerous driving behaviors and promote greater accountability among motorists.
Your Committee has amended this measure by:
(1) Clarifying penalties for noncompliance with the maximum speed limit under an automated speed enforcement system and specifying that any summons or citations resulting from noncompliance shall not be recorded on a person's traffic abstract and used for insurance purposes;
(2) Clarifying language relating to summons and citations issued under the Automated Speed Enforcement Systems Program;
(3) Requiring a person who was convicted of certain traffic offenses or granted a deferred acceptance of a guilty or nolo contendere plea or a conditional discharge of the offense to be ordered by the court to report for identification processing;
(4) Changing the effective date to July 1, 2025; 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 S.B. No. 97, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 97, S.D. 2, 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,
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____________________________ DARIUS KILA, Chair |
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STAND. COM. REP. NO. 1013
Honolulu, Hawaii
RE: S.B. No. 97
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 97, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO MOTOR VEHICLES,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Increase the penalty for a third or subsequent offense of excessive speeding to a class C felony;
(2) Authorize the court, as part of the person's sentencing for the third or subsequent offense, to order that the vehicle used by the person in the commission of the offense be subject to forfeiture; and
(3) Require a repeat offender convicted of a class C felony for excessive speeding be fingerprinted.
Your Committee received testimony in support of this measure from the Department of Transportation, Hawaiʻi County Police Department, Oahu Metropolitan Planning Organization, and two individuals.
Your Committee received testimony in opposition to this measure from two individuals.
Your Committee received comments on this measure from the Department of the Attorney General.
Your Committee finds that speeding on the State's roadways jeopardizes the safety of all roadway users. According to the Department of Transportation's behavioral survey of Hawaiʻi drivers, fifty-two percent of respondents admitted to driving between ten and twenty miles per hour over the posted speed limit. Additionally, research has determined that the risk of fatality increases slowly until speeds of thirty miles per hour, and then the risk of fatality dramatically increases between 3.5 to 5.5 times at speeds of thirty to forty miles per hour. The risk of fatality continues to increase with every additional mile per hour. This measure will deter excessive speeding on roadways while preventing fatalities from risky behavior.
Your Committee has amended this measure by:
(1) Clarifying that a person who is convicted of excessive speeding within five years of two prior convictions for the same offense shall be sentenced to an indeterminate term of imprisonment of five years pursuant to section 706-660, Hawaii Revised Statutes;
(2) Clarifying that the revocation of license and privilege to operate a vehicle shall commence upon the release of the person from the person's period of imprisonment;
(3) Deleting language that would have required a person convicted for a third or subsequent offense of excessive speeding to attend a course of instruction in driver retraining;
(4) Clarifying that a court is required to order a person who is convicted of excessive speeding to report to a police department, sheriff's office, or other governmental agency for identification processing, including fingerprinting and photographing; and
(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
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. 97, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 97, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 243
Honolulu, Hawaii
RE: S.B. No. 97
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Transportation and Culture and the Arts, to which was referred S.B. No. 97 entitled:
"A BILL FOR AN ACT RELATING TO MOTOR VEHICLES,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Increase the penalty for a third or subsequent offense of excessive speeding to a class C felony; and
(2) Authorize the court, as part of the person's sentencing for the third or subsequent offense, to order that the vehicle used by the person in the commission of the offense be subject to forfeiture.
Your Committee received testimony in opposition to this measure from the Office of the Public Defender.
Your Committee finds that forty-four percent of Hawaii's traffic fatalities from 2013-2023 were speed related. Your Committee further finds that speed-related fatalities can be prevented if drivers obeyed speed limits. This measure will increase public safety and protect the State's roadways.
Accordingly, your Committee has amended this measure by:
(1) Requiring any person convicted of a class C felony for excessive speeding within five years of two prior conviction for the same offense to be fingerprinted upon conviction;
(2) Inserting an effective date of July 1, 2050, to encourage further discussion; and
(3) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Transportation and Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 97, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 97, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Transportation and Culture and the Arts,
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________________________________ CHRIS LEE, Chair |
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Discussed in Hearing
12MIN
Senate Floor
1MIN
House Floor
1MIN
Senate Floor
1MIN
Conference Committee
3MIN
House Standing Committee on Judiciary & Hawaiian Affairs
42SEC
Senate Floor
8MIN
Senate Standing Committee on Transportation and Culture and the Arts
Bill Author
Bill Co-Author(s):
