| 47 | | - | SECTION 1. The legislature finds that the enforcement of the fireworks control law is wanting. The legislature further finds that enforcement is necessary to protect property from avoidable fire damage and to protect persons from fire- and explosion-related injuries, respiratory distress caused by the air pollution, and retraumatizing persons with the loud explosions. The legislature further finds that alternative enforcement mechanisms should be considered to promote compliance with the fireworks control law. One alternative enforcement mechanism would be an expeditious adjudication system for fireworks infractions, similar to the system for processing traffic infractions. This system would allow the judiciary to expediently process violations of the fireworks control law, allowing the judiciary to reserve resources for the cases that require the resources. The purpose of this Act is to establish an expeditious adjudication system for processing fireworks infractions, similar to the system for processing traffic infractions. SECTION 2. Chapter 132D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . adjudication of fireworks infractions §132D-A Definitions. As used in this part: "Concurrent trial" means a trial proceeding held in the district or family court in which the defendant is tried simultaneously in a civil case for any charged fireworks infraction and in a criminal case for any related criminal offense, with trials to be held in one court on the same date and at the same time. "Fireworks infraction" means any violation of this chapter, any rule adopted pursuant to this chapter, or any county ordinance or rule enacted pursuant to this chapter. "Hearing" means a proceeding conducted by the district court pursuant to section 132D-G at which the defendant to whom a notice of infraction was issued either admits to the fireworks infraction, contests the notice of infraction, or admits to the fireworks infraction but offers an explanation to mitigate the monetary assessment imposed. "Notice of infraction" means the citation form that is issued to the defendant at or after the time of the fireworks infraction and notifies the defendant of the civil infraction the defendant is charged with committing, whatever its title or denomination. "Related criminal offense" means any criminal violation or crime, committed in the same course of conduct as a fireworks infraction, for which the defendant is arrested or charged. "Trial" means a trial conducted by the district court pursuant to the rules of the district court and Hawaii rules of evidence. §132D-B Applicability. (a) All fireworks infractions, including fireworks infractions committed by minors, shall be adjudicated pursuant to this chapter, except as provided in section 132D-14(a), subsection (b), or as otherwise specifically provided for in this part. This part shall be applied uniformly throughout the State and in all counties. Except as specifically provided otherwise in this part, no fireworks infraction shall be classified as a criminal offense. (b) Where a defendant is charged with a fireworks infraction and the fireworks infraction is committed in the same course of conduct as a criminal offense for which the offender is arrested or charged, the fireworks infraction shall be adjudicated pursuant to this part; provided that the court may schedule any initial appearance, hearing, or trial on the fireworks infraction at the same date, time, and place as the arraignment, hearing, or trial on the related criminal offense. Notwithstanding this subsection and subsection (c), the court shall not schedule any initial appearance, hearing, or trial on the fireworks infraction at the same date, time, and place as the arraignment, hearing, or trial on the related criminal offense where the related criminal offense is a felony or misdemeanor for which the defendant has demanded a jury trial. (c) If the defendant requests a trial pursuant to section 132D-K, the trial shall be held in the district court of the circuit in which the fireworks infraction was committed. If the court schedules a concurrent trial pursuant to paragraph (1), the concurrent trial shall be held in the appropriate district or family court of the circuit in which the fireworks infraction was committed, whichever has jurisdiction over the related criminal offense charged pursuant to the applicable statute or rule of court; provided that: (1) The district or family court, for the purpose of trial, may schedule a civil trial on the fireworks infraction on the same date and at the same time as a criminal trial on the related criminal offense charged. The court shall enter a civil judgment as to the fireworks infraction and a judgment of conviction or acquittal as to the related criminal offense following the concurrent trial; and (2) If the trial on the fireworks infraction is held separately from and before trial on any related criminal offense, the following shall be inadmissible in the prosecution or trial of the related criminal offense, except as expressly provided by the Hawaii rules of evidence: (A) Any written or oral statement made by the defendant in proceedings conducted pursuant to section 132D-F(b); and (B) Any testimony given by the defendant in the trial on the fireworks infraction. These statements or testimony shall not be deemed a waiver of the defendant's privilege against self‑incrimination in connection with any related criminal offense. (d) In no event shall section 701-109 preclude prosecution for a related criminal offense where a fireworks infraction committed in the same course of conduct has been adjudicated pursuant to this part. (e) If the defendant fails to appear at any scheduled court date before the date of trial or concurrent trial and: (1) The defendant's civil liability for the fireworks infraction has not yet been adjudicated pursuant to section 132D-G, the court shall enter a judgment by default in favor of the State for the fireworks infraction unless the court determines that good cause or excusable neglect exists for the defendant's failure to appear; or (2) The defendant's civil liability for the fireworks infraction has been previously adjudicated pursuant to section 132D-G, the judgment earlier entered in favor of the State shall stand unless the court determines that good cause or excusable neglect exists for the defendant's failure to appear. (f) If the defendant fails to appear at any scheduled court date before concurrent trial or fails to appear for concurrent trial scheduled pursuant to subsection (c)(1), the court shall enter a disposition pursuant to the Hawaii rules of penal procedure for the criminal offense. §132D-C Venue and jurisdiction. (a) All fireworks infractions shall be adjudicated in the district and circuit courts where the alleged infraction occurred, except as otherwise provided by law. (b) Except as otherwise provided by law, jurisdiction is in the district court of the circuit where the alleged fireworks infraction occurred. Except as otherwise provided in this part, district court judges shall adjudicate fireworks infractions. §132D-D Notice of infraction; form; determination final unless contested. (a) The notice of infraction shall include the summons for the purposes of this part. Whenever a notice of infraction is issued, the defendant's signature, driver's license number or state identification number, current address, and electronic mail address shall be noted on the notice. If the defendant refuses to sign the notice of infraction, the law enforcement officer shall record this refusal on the notice and issue the notice to the defendant. Individuals to whom a notice of infraction is issued under this part need not be arraigned before the court, unless required by rule of the supreme court. (b) The form for the notice of infraction shall be prescribed by rules of the district court, which shall be uniform throughout the State; provided that each judicial circuit may include differing statutory, rule, or ordinance provisions on its respective notice of infraction. (c) A notice of infraction that is generated by the use of electronic equipment or that bears the electronically stored image of any person's signature, or both, shall be valid under this part. (d) The notice of infraction shall include the following: (1) A statement of the specific fireworks infraction for which the notice was issued; (2) A brief statement of the facts; (3) A statement of the total amount to be paid for each fireworks infraction, which amount shall include any fee, surcharge, or cost required by statute, ordinance, or rule, and the monetary assessment established pursuant to section 132D-H, to be paid by the defendant; (4) A statement of the options provided in section 132D‑E(b) for answering the notice and the procedures necessary to exercise the options; (5) A statement that the defendant to whom the notice is issued shall answer, choosing one of the options specified in section 132D-E(b), within twenty-one days of issuance of the notice; (6) A statement that failure to answer the notice of infraction within twenty-one days of issuance shall result in the entry of judgment by default for the State and may result in the assessment of a late penalty; (7) A statement that, at a hearing requested to contest the notice of infraction conducted pursuant to section 132D-G, no law enforcement officer shall be present unless the defendant timely requests the court to have the law enforcement officer present, and that the standard of proof to be applied by the court is whether a preponderance of the evidence proves that the specified fireworks infraction was committed; (8) A statement that, at a hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the fireworks infraction or in consideration of a written request for mitigation, the defendant shall be considered to have committed the fireworks infraction; (9) A space in which the signature of the defendant to whom the notice of infraction was issued may be affixed; and (10) The date, time, and place at which the defendant to whom the notice of infraction was issued shall appear in court, if the defendant is required by the notice to appear in person at the hearing. §132D-E Answer required. (a) A defendant who receives a notice of infraction shall answer the notice within twenty-one days of the date of issuance of the notice. There shall be included with the notice of infraction a preaddressed envelope directed to the designated district court. (b) Provided that the notice of infraction does not require an appearance in person at a hearing as set forth in section 132D-D(d)(10), in answering a notice of infraction, a defendant shall have the following options: (1) Admit the commission of the fireworks infraction in one of the following ways: (A) By mail or in person, by completing the appropriate portion of the notice of infraction or preaddressed envelope and submitting it to the authority specified on the notice together with payment of the total amount stated on the notice of infraction. Payment by mail shall be in the form of a check, money order, or by an approved credit or debit card. Payment in person shall be in the form of United States currency, check, money order, or by an approved credit or debit card; or (B) Via the Internet or by telephone, by submitting payment of the total amount stated on the notice of infraction. Payment via the Internet or by telephone shall be by an approved credit or debit card; (2) Deny the commission of the fireworks infraction and request a hearing to contest the fireworks infraction by completing the appropriate portion of the notice of infraction or preaddressed envelope and submitting it, either by mail or in person, to the authority specified on the notice. In lieu of appearing in person at a hearing, the defendant may submit a written statement of grounds on which the defendant contests the notice of infraction, which shall be considered by the court as a statement given in court pursuant to section 132D-G(a); or (3) Admit the commission of the fireworks infraction and request a hearing to explain circumstances mitigating the fireworks infraction by completing the appropriate portion of the notice of infraction or preaddressed envelope and submitting it, either by mail or in person, to the authority specified on the notice. In lieu of appearing in person at a hearing, the defendant may submit a written explanation of the mitigating circumstances, which shall be considered by the court as a statement given in court pursuant to section 132D‑G(b). (c) When answering the notice of infraction, the defendant shall affix the defendant's signature to the answer and shall state the address at which the defendant will accept future mailings from the court. No other response shall constitute an answer for purposes of this part. §132D-F Court action after answer or failure to answer. (a) When an admitting answer is received, the court shall enter judgment in favor of the State in the total amount specified in the notice of infraction. (b) When a denying answer is received, the court shall proceed as follows: (1) In the case of a fireworks infraction where the defendant requests a hearing at which the defendant will appear in person to contest the fireworks infraction, the court shall notify the defendant in writing of the date, time, and place of hearing to contest the notice of infraction. The notice of hearing shall be mailed to the address provided by defendant in the denying answer, or if none was given, to the address provided by defendant when the notice of infraction was issued, or if none was provided, to the electronic mail address provided by the defendant when the notice of infraction was issued. The notification shall also advise the defendant that, if the defendant fails to appear at the hearing, the court shall enter judgment by default in favor of the State, as of the date of the scheduled hearing, and that the total amount specified in the default judgment shall be paid within thirty days of entry of default judgment; and (2) When a denying answer is accompanied by a written statement of the grounds on which the defendant contests the notice of infraction, the court shall proceed as provided in section 132D-G(a) and shall notify the defendant of its decision, including the total amount assessed, if any, by mailing the notice of entry of judgment within forty-five days of the postmarked date of the answer to the address provided by the defendant in the denying answer, or if none was given, to the address provided by defendant when the notice of infraction was issued, or if none was provided, to the electronic mail address provided by the defendant when the notice of infraction was issued. The notice of entry of judgment shall also advise the defendant, if it is determined that the fireworks infraction was committed and judgment is entered in favor of the State, that the defendant has the right, within thirty days of entry of judgment, to request a trial and shall specify the procedures for doing so. The notice of entry of judgment shall also notify the defendant, if an amount is assessed by the court for monetary assessments, fees, surcharges, or costs, that if the defendant does not request a trial within the time specified in this paragraph, the total amount assessed shall be paid within thirty days of entry of judgment. (c) When an answer admitting commission of the firework infraction but seeking to explain mitigating circumstances is received, the court shall proceed as follows: (1) In the case of a fireworks infraction where the defendant requests a hearing at which the defendant will appear in person to explain mitigating circumstances, the court shall notify the defendant in writing of the date, time, and place of the hearing to explain mitigating circumstances. The notice of hearing shall be mailed to the address provided by the defendant in the answer, or if none was given, to the address provided by the defendant when the notice of infraction was issued, or if none was provided, to the electronic mail address provided by the defendant when the notice of infraction was issued. The notification shall also advise the defendant that, if the defendant fails to appear at the hearing, the court shall enter judgment by default in favor of the State, as of the date of the scheduled hearing, and that the total amount stated in the default judgment must be paid within thirty days of entry of default judgment; and (2) If a written explanation is included with an answer admitting commission of the fireworks infraction, the court shall enter judgment for the State and, after reviewing the explanation, determine the total amount of the monetary assessments, fees, surcharges, or costs to be assessed, if any. The court shall then notify the defendant of the total amount to be paid for the fireworks infraction, if any. There shall be no appeal from the judgment. If the court assesses an amount for monetary assessments, fees, surcharges, or costs, the court shall also notify the defendant that the total amount shall be paid within thirty days of entry of judgment. (d) If the defendant fails to answer within twenty-one days of issuance of the notice of infraction, the court shall take action as provided in subsection (e). (e) Whenever judgment by default in favor of the State is entered, the court shall mail a notice of entry of default judgment to the address provided by the defendant when the notice of infraction was issued, or if none was provided, to the electronic mail address provided by defendant when the notice of infraction was issued. The notice of entry of default judgment shall advise the defendant that the total amount specified in the default judgment shall be paid within thirty days of entry of default judgment and shall explain the procedure for setting aside a default judgment. Judgment by default for the State entered pursuant to this part may be set aside pending final disposition of the fireworks infraction upon written application of the defendant and posting of an appearance bond equal to the amount of the total amount specified in the default judgment and any other assessment imposed pursuant to section 132D-H. The application shall show good cause or excusable neglect for the defendant's failure to take action necessary to prevent entry of judgment by default. Thereafter, the court shall determine whether good cause or excusable neglect exists for the defendant's failure to take action necessary to prevent entry of judgment by default. If so, the application to set aside default judgment shall be granted, the default judgment shall be set aside, and the notice of infraction shall be disposed of pursuant to this part. If not, the application to set aside default judgment shall be denied, the appearance bond shall be forfeited and applied to satisfy amounts due under the default judgment, and the notice of infraction shall be finally disposed. In either case, the court shall determine the existence of good cause or excusable neglect and notify the defendant of its decision on the application in writing. §132D-G Hearings. (a) In proceedings to contest a notice of infraction where the defendant to whom the notice was issued has timely requested a hearing and appears at the hearing: (1) In lieu of the personal appearance by the law enforcement officer who issued the notice of infraction, the court shall consider the notice of infraction and any other written report made by the law enforcement officer, if provided to the court by the law enforcement officer, together with any oral or written statement by the defendant to whom the notice of infraction was issued; (2) The standard of proof to be applied by the court shall be whether, by a preponderance of the evidence, the court finds that the fireworks infraction was committed; and (3) After due consideration of the evidence and arguments, if any, the court shall determine whether commission of the fireworks infraction has been established. Where the commission of the fireworks infraction has not been established, judgment in favor of the defendant, dismissing the notice of infraction or any count therein with prejudice, shall be entered in the record. Where it has been established that the fireworks infraction was committed, the court shall enter judgment in favor of the State and shall assess a monetary assessment pursuant to section 132D-H, together with any fees, surcharges, or costs. The court also shall inform the defendant of the right to request a trial pursuant to section 132D-K. If the defendant requests a trial at the time of the hearing, the court shall provide the defendant with the trial date as soon as practicable. (b) In proceedings to explain mitigating circumstances where the defendant to whom the notice of infraction was issued has timely requested a hearing and appears at the hearing: (1) The procedure shall be limited to the issue of mitigating circumstances. A defendant who requests to explain the circumstances shall not be permitted to contest the notice of infraction; (2) After the court has received the explanation, the court may enter judgment in favor of the State and may assess a monetary assessment pursuant to section 132D‑H, together with any fees, surcharges, or costs; (3) The court, after receiving the explanation, may vacate the admission and enter judgment in favor of the defendant, dismissing the notice of infraction or any count therein with prejudice, where the explanation establishes that the infraction was not committed; and (4) There shall be no appeal from the judgment. (c) If a defendant for whom a hearing has been scheduled to contest the notice of infraction or to explain mitigating circumstances fails to appear at the hearing, the court shall enter judgment by default for the State and take action as provided in section 132D-F(e). §132D-H Monetary assessments. (a) A defendant found to have committed a fireworks infraction shall be assessed a monetary assessment pursuant to section 132D-14. (b) In addition to any monetary assessment imposed for a fireworks infraction, the court may impose additional assessments for: (1) Failure to pay a monetary assessment by the scheduled date of payment; (2) The cost of service of a penal summons issued pursuant to this part; or (3) The administrative costs of $20 for each noncompliance with a rule associated with the processing of fireworks infractions, in addition to any monetary assessment imposed by the court, regardless of whether the monetary assessment is suspended. (c) The clerk of the district court shall deposit the administrative costs collected into the judiciary computer system special fund pursuant to section 601-3.7. (d) The court may grant to a defendant claiming inability to pay an extension of the period in which the monetary assessment shall be paid or may impose community service in lieu of the monetary assessment. §132D-I Time computation. In computing any period of time prescribed or allowed by this part, the day of the act, event, or default from which the period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. Intermediate Saturdays, Sundays, and legal holidays shall be included. Whenever an act required to be performed under this part may be accomplished by mail, the act shall be deemed to have been performed on the date of the postmark on the mailed article. §132D-J Powers of the district court judge hearing cases pursuant to this part. (a) A district court judge hearing cases pursuant to this part shall have all the powers of a district court judge under chapter 604, including the following powers: (1) To conduct fireworks infraction hearings and impose monetary assessments; (2) To permit deferral of monetary assessments or impose community service in lieu of monetary assessments; (3) To dismiss a notice of infraction, with or without prejudice, or set aside a judgment for the State; (4) To issue penal summonses and bench warrants and initiate contempt of court proceedings in proceedings conducted pursuant to section 132D-K; (5) To issue penal summonses and bench warrants and initiate failure to appear proceedings in proceedings conducted pursuant to section 132D-D(d)(10); and (6) To exercise other powers the court finds necessary and appropriate to carry out the purposes of this part. §132D-K Trial and concurrent trial. (a) There shall be no right to trial unless the defendant contests the notice of infraction pursuant to section 132D-G. If, after proceedings to contest the notice of infraction, a determination is made that the defendant committed the fireworks infraction, judgment shall enter in favor of the State. The defendant may request a trial pursuant to the Hawaii rules of evidence and the rules of the district court; provided that any request for trial shall be made within thirty days of entry of judgment. If, after appearing in person at a hearing to contest the notice of infraction, the defendant requests a trial at the conclusion of the hearing, the court shall provide the defendant with the trial date as soon as practicable. (b) At the time of trial, the State shall be represented by a prosecuting attorney of the county in which the fireworks infraction occurred. The prosecuting attorney shall orally recite the charged fireworks infraction in court before commencement of the trial. Proof of the defendant's commission of the fireworks infraction shall be by a preponderance of the evidence. (c) Appeals from judgments entered after a trial on the notice of infraction may be taken in the manner provided for appeals from district court civil judgments. (d) If trial on the fireworks infraction is held before trial on any related criminal offense, the following shall be inadmissible in the subsequent prosecution or trial of the related criminal offense: (1) Any written or oral statement made by the defendant in proceedings conducted pursuant to section 132D-F(b); and (2) Any testimony given by the defendant in the trial on the fireworks infraction. The statement or testimony, or both, shall not be deemed a waiver of the defendant's privilege against self-incrimination in connection with any related criminal offense. (e) In any concurrent trial, the State shall be represented by a prosecuting attorney of the county in which the fireworks infraction and related crime occurred. Proof of the defendant's commission of the fireworks infraction shall be by a preponderance of the evidence, and proof of the related criminal offense shall be by proof beyond a reasonable doubt. The concurrent trial shall be conducted pursuant to the rules of the appropriate court, Hawaii rules of evidence, and Hawaii rules of penal procedure. §132D-L Rules. (a) The supreme court may adopt rules of procedure for the conduct of all proceedings pursuant to this part. (b) Chapter 626 shall not apply in proceedings conducted pursuant to this part, except for the rules governing privileged communications, and proceedings conducted under section 132D-K. (c) Notwithstanding section 604-17, while the court is sitting in any matter pursuant to this part, the court shall not be required to preserve the testimony or proceedings, except proceedings conducted pursuant to section 132D-K and proceedings in which the fireworks infraction is heard on the same date and time as any related criminal offense. (d) The prosecuting attorney shall not participate in fireworks infraction proceedings conducted pursuant to this part, except proceedings pursuant to section 132D-K and proceedings in which a related criminal offense is scheduled for arraignment, hearing, or concurrent trial. (e) Chapter 91 shall not apply in proceedings before the court. (f) Except as otherwise provided in section 132D-B, chapter 571 and the Hawaii family court rules shall not apply in any proceedings conducted pursuant to this part." SECTION 3. Chapter 132D, Hawaii Revised Statutes, is amended by designating sections 132D-1 to 132D-21 as part I and inserting a title before section 132D-1 to read as follows: "Part I. general provisions" SECTION 4. Section 132D-2, Hawaii Revised Statutes, is amended as follows: 1. By amending the definition of "license" to read: ""License" means a nontransferable, formal authorization, valid for a period not to exceed one calendar year from the date of issuance and which the department is hereby authorized to issue under this [chapter,] this part, to engage in the act or acts specifically designated herein." 2. By amending the definition of "permit" to read: ""Permit" means a nontransferable, formal authorization, valid for a period not to exceed one calendar year from the date of issuance and which a county is hereby authorized to issue under this [chapter,] part, to engage in the act or acts specifically designated herein." SECTION 5. Section 132D-6, Hawaii Revised Statutes, is amended to read as follows: "§132D-6 Exceptions. The prohibitions in section 132D-5 do not apply to: (1) The use of flares, noisemakers, or signals for warning, pest control, or illumination purposes by police and fire departments, utility companies, transportation agencies, and other governmental or private agencies or persons, including agricultural operations, in connection with emergencies, their duties, or business; (2) The sale or use of blank cartridges for a show or theater, or for signal, commercial, or institutional purposes in athletics or sports; (3) The purchase and use of consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic: (A) In a movie, television production, or theatrical production for which valid permits have been issued by a county pursuant to section 132D-10; and (B) In a movie or television production for which valid permits have been issued by the department of business, economic development, and tourism pursuant to section 201-14, or for which permits have been approved by the authority having jurisdiction; and (4) The testing, disposal, or destruction of illegal fireworks by an agency with authority to enforce this [chapter.] part." SECTION 6. Section 132D-7, Hawaii Revised Statutes, is amended to read as follows: "§132D-7 License or permit required. A person shall not: (1) Import, store, offer to sell, or sell, at wholesale or retail, aerial devices, display fireworks, articles pyrotechnic, or consumer fireworks unless the person has a valid license issued by the county; or (2) Possess aerial devices, display fireworks, or articles pyrotechnic without a valid license to import, store, or sell aerial devices, display fireworks, or articles pyrotechnic, or a valid display permit as provided for in this [chapter.] part." SECTION 7. Section 132D-8, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (b) to read: "(b) Each storage, wholesaling, and retailing site shall be required to obtain a separate license. The license shall specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year. The application shall be made on a form setting forth the date upon which the storage, sale, or offers for sale are to begin, the address of the location of the licensee, and the name of the proprietor, or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the name of its officers. Any license issued pursuant to this [chapter] part may be revoked by the county if the licensee violates any provision of this chapter or if the licensee stores or handles the fireworks in [such] a manner as to present an unreasonable safety hazard." 2. By amending subsection (f) to read: "(f) Any license issued pursuant to this [chapter] part shall be prominently displayed in public view at each licensed location." SECTION 8. Section 132D-9, Hawaii Revised Statutes, is amended to read as follows: "§132D-9 Application for permit. The permit required under section 132D-10 or 132D-16 shall be issued by the county or its authorized designees and be nontransferable. The county or its authorized designees shall issue all permits for which complete applications have been submitted and [which] that contain only correct information. The permit shall specify the date of issuance or effect and the date of expiration but in no case for a period to exceed one year. The permit for the purchase of consumer fireworks for the purposes of section 132D-3 shall not allow purchase for more than one event as set forth in section 132D-3. The application shall be made on a form setting forth the dates for which the permit shall be valid, the location where the permitted activity is to occur, and the name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers. The permit application may be denied if the proposed use of fireworks or articles pyrotechnic presents a substantial inconvenience to the public or presents an unreasonable fire or safety hazard. Any permit issued pursuant to this [chapter] part shall be prominently displayed in public view at the site." SECTION 9. Section 132D-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) The fee for the license required under section 132D-7 shall be $3,000 for importers, $2,000 for each wholesaler's site, $1,000 for each storage site, and $500 for each retailer's site for each year or fraction of a year in which the licensee plans to conduct business and shall be payable to the county. The license fees shall be used solely by each county fire department to pay for the salary of an auditor of fireworks and articles pyrotechnic records and all expenses incurred to fulfill the duties required, including the inspection of inventory and storage facilities, maintenance of required records, and the training of the auditor. The auditor shall monitor strict inventory and recordkeeping requirements to ensure that sales of fireworks or articles pyrotechnic are made only to license or permit holders under this [chapter.] part. The county shall provide an exemption from the fees under this section to nonprofit community groups for importation and storage of fireworks or articles pyrotechnic for displays once a year." SECTION 10. Section 132D-14, Hawaii Revised Statutes, is amended as follows: 1. By amending its title to read: "§132D-14 Penalty[.]; fireworks infractions." 2. By amending subsection (b) to read: "(b) Except as provided in subsection (a) or as otherwise specifically provided for in this chapter, any person violating any other provision of this chapter, shall be fined [not] no more than $2,000 for each violation[.], subject to the adjudication proceedings under part . Notwithstanding any provision to the contrary in this section, any person violating section 132D‑14.5 shall be fined at least $500 and no more than $2,000[.], subject to the adjudication proceedings under part ." SECTION 11. Section 132D-17.5, Hawaii Revised Statutes, is amended to read as follows: "[[]§132D-17.5[]] County ordinances. (a) Nothing in this [chapter] part shall be construed to supersede or in any manner affect a county fireworks ordinance; provided that the ordinance is at least as stringent in the control or prohibition of fireworks as the law under this [chapter.] part. (b) Nothing in this [chapter] part shall prohibit a county from enacting ordinances that are more stringent in the control or prohibition of fireworks than this chapter. Honolulu city ordinance prohibiting the importation of consumer fireworks into Honolulu was an ordinance that was "more stringent in the control or prohibition of fireworks" enacted within the city's power granted under this [chapter.] part." SECTION 12. Section 132D-20, Hawaii Revised Statutes, is amended to read as follows: "§132D-20 Enforcement; probable cause for arrest. (a) This [chapter] part shall be enforced by each county. The counties are authorized to enforce and administer the provisions of this [chapter.] part (b) Arrests for offenses under this [chapter] part or under a county fireworks ordinance shall be made in compliance with chapter 803. The facts and circumstances to establish probable cause for an arrest may include but are not limited to: (1) Statements from individuals who witnessed the offense, even if those individuals are not law enforcement officers; and (2) Photographs, video recordings, or other recordings that show the commission of the offense and can be authenticated by one or more witnesses; provided that a recording made using an unmanned aerial vehicle shall be exempt from the requirement of authentication by one or more witnesses. For the purposes of this subsection: "Other recording" includes any photograph or a video made using an unmanned aerial vehicle. "Unmanned aerial vehicle" means any aerial vehicle that is operated without the possibility of direct human intervention within or on the aerial vehicle. The term "unmanned aerial vehicle" does not include a remote-controlled airplane." SECTION 13. Section 571-41, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows: "(f) The judge, or the senior judge if there is more than one, may by order confer concurrent jurisdiction on a district court created under chapter 604 to hear and dispose of cases of violation of traffic laws or ordinances, or fireworks infraction rules established pursuant to part of chapter 132D, by children, provision to the contrary in section 571-11 or elsewhere notwithstanding. The exercise of jurisdiction over children by district courts shall, nevertheless, be considered noncriminal in procedure and result in the same manner as though the matter had been adjudicated and disposed of by a family court." SECTION 14. Section 601-3.7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) There is established in the state treasury a special fund to be known as the judiciary computer system special fund, which shall contain the following: (1) Moneys collected from administrative fees pursuant to section 287-3(a); (2) Fees prescribed by the supreme court by rule of court for electronic document certification, electronic copies of documents, and for providing bulk access to electronic court records and compilations of data; and (3) Fees pursuant to sections 132D-H(b)(3), 607-4(b)(10), and 607‑5(c)(32)." SECTION 15. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 to update the judiciary information management system to implement the adjudications process established by this Act. The sums appropriated shall be expended by the judiciary for the purposes of this Act. SECTION 16. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 17. In codifying the new sections added by section 2 and referenced in section 14 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 18. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 19. This Act shall take effect on January 1, 2050. |
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| 47 | + | SECTION 1. The legislature finds that the enforcement of the fireworks control law is wanting. The legislature further finds that enforcement is necessary to protect property from avoidable fire damage and to protect persons from fire and explosion-related injuries, respiratory distress caused by the air pollution, and retraumatizing persons with the loud explosions. The legislature further finds that alternative enforcement mechanisms should be considered to promote compliance with the fireworks control law. One such alternative enforcement mechanism would be an expeditious adjudication system for fireworks infractions, similar to the system for processing traffic infractions. Such a system would allow the judiciary to expediently process violations of the fireworks control law, allowing the judiciary to reserve resources for the cases that require the resources. The purpose of this Act is to establish an expeditious adjudication system for processing fireworks infractions, similar to the system for processing traffic infractions. SECTION 2. Chapter 132D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . adjudication of fireworks infractions §132D-A Definitions. As used in this part: "Concurrent trial" means a trial proceeding held in the district or family court in which the defendant is tried simultaneously in a civil case for any charged fireworks infraction and in a criminal case for any related criminal offense, with trials to be held in one court on the same date and at the same time. "Fireworks infraction" means any violation of this chapter, any rule adopted pursuant to this chapter, or any county ordinance or rule enacted pursuant to this chapter. "Hearing" means a proceeding conducted by the district court pursuant to section 132D-G at which the defendant to whom a notice of infraction was issued either admits to the fireworks infraction, contests the notice of infraction, or admits to the fireworks infraction but offers an explanation to mitigate the monetary assessment imposed. "Notice of infraction" means the citation form that is issued to the defendant at or after the time of the fireworks infraction and notifies the defendant of the civil infraction the defendant is charged with committing, whatever its title or denomination. "Related criminal offense" means any criminal violation or crime, committed in the same course of conduct as a fireworks infraction, for which the defendant is arrested or charged. "Trial" means a trial conducted by the district court pursuant to the rules of the district court and Hawaii rules of evidence. §132D-B Applicability. (a) All fireworks infractions, including fireworks infractions committed by minors, shall be adjudicated pursuant to this chapter, except as provided in section 132D-14(a), subsection (b), or as otherwise specifically provided for in this part. This part shall be applied uniformly throughout the State and in all counties. Except as specifically provided otherwise in this part, no fireworks infraction shall be classified as a criminal offense. (b) Where a defendant is charged with a fireworks infraction and the fireworks infraction is committed in the same course of conduct as a criminal offense for which the offender is arrested or charged, the fireworks infraction shall be adjudicated pursuant to this part; provided that the court may schedule any initial appearance, hearing, or trial on the fireworks infraction at the same date, time, and place as the arraignment, hearing, or trial on the related criminal offense. Notwithstanding this subsection and subsection (c), the court shall not schedule any initial appearance, hearing, or trial on the fireworks infraction at the same date, time, and place as the arraignment, hearing, or trial on the related criminal offense where the related criminal offense is a felony or misdemeanor for which the defendant has demanded a jury trial. (c) If the defendant requests a trial pursuant to section 132D-K, the trial shall be held in the district court of the circuit in which the fireworks infraction was committed. If the court schedules a concurrent trial pursuant to paragraph (1), the concurrent trial shall be held in the appropriate district or family court of the circuit in which the fireworks infraction was committed, whichever has jurisdiction over the related criminal offense charged pursuant to the applicable statute or rule of court; provided that: (1) The district or family court, for the purpose of trial, may schedule a civil trial on the fireworks infraction on the same date and at the same time as a criminal trial on the related criminal offense charged. The court shall enter a civil judgment as to the fireworks infraction and a judgment of conviction or acquittal as to the related criminal offense following such concurrent trial; and (2) If trial on the fireworks infraction is held separately from and prior to trial on any related criminal offense, the following shall be inadmissible in the prosecution or trial of the related criminal offense, except as expressly provided by the Hawaii rules of evidence: (A) Any written or oral statement made by the defendant in proceedings conducted pursuant to section 132D-F(b); and (B) Any testimony given by the defendant in the trial on the fireworks infraction. Such statements or testimony shall not be deemed a waiver of the defendant's privilege against self‑incrimination in connection with any related criminal offense. (d) In no event shall section 701-109 preclude prosecution for a related criminal offense where a fireworks infraction committed in the same course of conduct has been adjudicated pursuant to this part. (e) If the defendant fails to appear at any scheduled court date prior to the date of trial or concurrent trial and: (1) The defendant's civil liability for the fireworks infraction has not yet been adjudicated pursuant to section 132D-G, the court shall enter a judgment by default in favor of the State for the fireworks infraction unless the court determines that good cause or excusable neglect exists for the defendant's failure to appear; or (2) The defendant's civil liability for the fireworks infraction has been previously adjudicated pursuant to section 132D-G, the judgment earlier entered in favor of the State shall stand unless the court determines that good cause or excusable neglect exists for the defendant's failure to appear. (f) If the defendant fails to appear at any scheduled court date prior to concurrent trial or fails to appear for concurrent trial scheduled pursuant to subsection (c)(1), the court shall enter a disposition pursuant to the Hawaii rules of penal procedure for the criminal offense. §132D-C Venue and jurisdiction. (a) All fireworks infractions shall be adjudicated in the district and circuit courts where the alleged infraction occurred, except as otherwise provided by law. (b) Except as otherwise provided by law, jurisdiction is in the district court of the circuit where the alleged fireworks infraction occurred. Except as otherwise provided in this part, district court judges shall adjudicate fireworks infractions. §132D-D Notice of infraction; form; determination final unless contested. (a) The notice of infraction shall include the summons for the purposes of this part. Whenever a notice of infraction is issued, the defendant's signature, driver's license number or state identification number, current address, and electronic mail address shall be noted on the notice. If the defendant refuses to sign the notice of infraction, the law enforcement officer shall record this refusal on the notice and issue the notice to the defendant. Individuals to whom a notice of infraction is issued under this part need not be arraigned before the court, unless required by rule of the supreme court. (b) The form for the notice of infraction shall be prescribed by rules of the district court, which shall be uniform throughout the State; provided that each judicial circuit may include differing statutory, rule, or ordinance provisions on its respective notice of infraction. (c) A notice of infraction that is generated by the use of electronic equipment or that bears the electronically stored image of any person's signature, or both, shall be valid under this part. (d) The notice of infraction shall include the following: (1) A statement of the specific fireworks infraction for which the notice was issued; (2) A brief statement of the facts; (3) A statement of the total amount to be paid for each fireworks infraction, which amount shall include any fee, surcharge, or cost required by statute, ordinance, or rule, and the monetary assessment established pursuant to section 132D-H, to be paid by the defendant; (4) A statement of the options provided in section 132D‑E(b) for answering the notice and the procedures necessary to exercise the options; (5) A statement that the defendant to whom the notice is issued shall answer, choosing one of the options specified in section 132D-E(b), within twenty-one days of issuance of the notice; (6) A statement that failure to answer the notice of infraction within twenty-one days of issuance shall result in the entry of judgment by default for the State and may result in the assessment of a late penalty; (7) A statement that, at a hearing requested to contest the notice of infraction conducted pursuant to section 132D-G, no law enforcement officer shall be present unless the defendant timely requests the court to have the law enforcement officer present, and that the standard of proof to be applied by the court is whether a preponderance of the evidence proves that the specified fireworks infraction was committed; (8) A statement that, at a hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the fireworks infraction or in consideration of a written request for mitigation, the defendant shall be considered to have committed the fireworks infraction; (9) A space in which the signature of the defendant to whom the notice of infraction was issued may be affixed; and (10) The date, time, and place at which the defendant to whom the notice of infraction was issued must appear in court, if the defendant is required by the notice to appear in person at the hearing. §132D-E Answer required. (a) A defendant who receives a notice of infraction shall answer the notice within twenty-one days of the date of issuance of the notice. There shall be included with the notice of infraction a preaddressed envelope directed to the designated district court. (b) Provided that the notice of infraction does not require an appearance in person at a hearing as set forth in section 132D-D(d)(10), in answering a notice of infraction, a defendant shall have the following options: (1) Admit the commission of the fireworks infraction in one of the following ways: (A) By mail or in person, by completing the appropriate portion of the notice of infraction or preaddressed envelope and submitting it to the authority specified on the notice together with payment of the total amount stated on the notice of infraction. Payment by mail shall be in the form of a check, money order, or by an approved credit or debit card. Payment in person shall be in the form of United States currency, check, money order, or by an approved credit or debit card; or (B) Via the Internet or by telephone, by submitting payment of the total amount stated on the notice of infraction. Payment via the Internet or by telephone shall be by an approved credit or debit card; (2) Deny the commission of the fireworks infraction and request a hearing to contest the fireworks infraction by completing the appropriate portion of the notice of infraction or preaddressed envelope and submitting it, either by mail or in person, to the authority specified on the notice. In lieu of appearing in person at a hearing, the defendant may submit a written statement of grounds on which the defendant contests the notice of infraction, which shall be considered by the court as a statement given in court pursuant to section 132D-G(a); or (3) Admit the commission of the fireworks infraction and request a hearing to explain circumstances mitigating the fireworks infraction by completing the appropriate portion of the notice of infraction or preaddressed envelope and submitting it, either by mail or in person, to the authority specified on the notice. In lieu of appearing in person at a hearing, the defendant may submit a written explanation of the mitigating circumstances, which shall be considered by the court as a statement given in court pursuant to section 132D‑G(b). (c) When answering the notice of infraction, the defendant shall affix the defendant's signature to the answer and shall state the address at which the defendant will accept future mailings from the court. No other response shall constitute an answer for purposes of this part. §132D-F Court action after answer or failure to answer. (a) When an admitting answer is received, the court shall enter judgment in favor of the State in the total amount specified in the notice of infraction. (b) When a denying answer is received, the court shall proceed as follows: (1) In the case of a fireworks infraction where the defendant requests a hearing at which the defendant will appear in person to contest the fireworks infraction, the court shall notify the defendant in writing of the date, time, and place of hearing to contest the notice of infraction. The notice of hearing shall be mailed to the address provided by defendant in the denying answer, or if none was given, to the address provided by defendant when the notice of infraction was issued, or if none was provided, to the electronic mail address provided by defendant when the notice of infraction was issued. The notification shall also advise the defendant that, if the defendant fails to appear at the hearing, the court shall enter judgment by default in favor of the State, as of the date of the scheduled hearing, that the total amount specified in the default judgment must be paid within thirty days of entry of default judgment; and (2) When a denying answer is accompanied by a written statement of the grounds on which the defendant contests the notice of infraction, the court shall proceed as provided in section 132D-G(a) and shall notify the defendant of its decision, including the total amount assessed, if any, by mailing the notice of entry of judgment within forty-five days of the postmarked date of the answer to the address provided by the defendant in the denying answer, or if none was given, to the address provided by defendant when the notice of infraction was issued, or if none was provided, to the electronic mail address provided by defendant when the notice of infraction was issued. The notice of entry of judgment shall also advise the defendant, if it is determined that the fireworks infraction was committed and judgment is entered in favor of the State, that the defendant has the right, within thirty days of entry of judgment, to request a trial and shall specify the procedures for doing so. The notice of entry of judgment shall also notify the defendant, if an amount is assessed by the court for monetary assessments, fees, surcharges, or costs, that if the defendant does not request a trial within the time specified in this paragraph, the total amount assessed shall be paid within thirty days of entry of judgment. (c) When an answer admitting commission of the firework infraction but seeking to explain mitigating circumstances is received, the court shall proceed as follows: (1) In the case of a fireworks infraction where the defendant requests a hearing at which the defendant will appear in person to explain mitigating circumstances, the court shall notify the defendant in writing of the date, time, and place of the hearing to explain mitigating circumstances. The notice of hearing shall be mailed to the address provided by the defendant in the answer, or if none was given, to the address provided by the defendant when the notice of infraction was issued, or if none was provided, to the electronic mail address provided by the defendant when the notice of infraction was issued. The notification shall also advise the defendant that, if the defendant fails to appear at the hearing, the court shall enter judgment by default in favor of the State, as of the date of the scheduled hearing, and that the total amount stated in the default judgment must be paid within thirty days of entry of default judgment; and (2) If a written explanation is included with an answer admitting commission of the fireworks infraction, the court shall enter judgment for the State and, after reviewing the explanation, determine the total amount of the monetary assessments, fees, surcharges, or costs to be assessed, if any. The court shall then notify the defendant of the total amount to be paid for the fireworks infraction, if any. There shall be no appeal from the judgment. If the court assesses an amount for monetary assessments, fees, surcharges, or costs, the court shall also notify the defendant that the total amount shall be paid within thirty days of entry of judgment. (d) If the defendant fails to answer within twenty-one days of issuance of the notice of infraction, the court shall take action as provided in subsection (e). (e) Whenever judgment by default in favor of the State is entered, the court shall mail a notice of entry of default judgment to the address provided by the defendant when the notice of infraction was issued, or if none was provided, to the electronic mail address provided by defendant when the notice of infraction was issued. The notice of entry of default judgment shall advise the defendant that the total amount specified in the default judgment shall be paid within thirty days of entry of default judgment and shall explain the procedure for setting aside a default judgment. Judgment by default for the State entered pursuant to this part may be set aside pending final disposition of the fireworks infraction upon written application of the defendant and posting of an appearance bond equal to the amount of the total amount specified in the default judgment and any other assessment imposed pursuant to section 132D-H. The application shall show good cause or excusable neglect for the defendant's failure to take action necessary to prevent entry of judgment by default. Thereafter, the court shall determine whether good cause or excusable neglect exists for the defendant's failure to take action necessary to prevent entry of judgment by default. If so, the application to set aside default judgment shall be granted, the default judgment shall be set aside, and the notice of infraction shall be disposed of pursuant to this part. If not, the application to set aside default judgment shall be denied, the appearance bond shall be forfeited and applied to satisfy amounts due under the default judgment, and the notice of infraction shall be finally disposed. In either case, the court shall determine the existence of good cause or excusable neglect and notify the defendant of its decision on the application in writing. §132D-G Hearings. (a) In proceedings to contest a notice of infraction where the defendant to whom the notice was issued has timely requested a hearing and appears at the hearing: (1) In lieu of the personal appearance by the law enforcement officer who issued the notice of infraction, the court shall consider the notice of infraction and any other written report made by the law enforcement officer, if provided to the court by the law enforcement officer, together with any oral or written statement by the defendant to whom the notice of infraction was issued; (2) The standard of proof to be applied by the court shall be whether, by a preponderance of the evidence, the court finds that the fireworks infraction was committed; and (3) After due consideration of the evidence and arguments, if any, the court shall determine whether commission of the fireworks infraction has been established. Where the commission of the fireworks infraction has not been established, judgment in favor of the defendant, dismissing the notice of infraction or any count therein with prejudice, shall be entered in the record. Where it has been established that the fireworks infraction was committed, the court shall enter judgment in favor of the State and shall assess a monetary assessment pursuant to section 132D-H, together with any fees, surcharges, or costs. The court also shall inform the defendant of the right to request a trial pursuant to section 132D-K. If the defendant requests a trial at the time of the hearing, the court shall provide the defendant with the trial date as soon as practicable. (b) In proceedings to explain mitigating circumstances where the defendant to whom the notice of infraction was issued has timely requested a hearing and appears at the hearing: (1) The procedure shall be limited to the issue of mitigating circumstances. A defendant who requests to explain the circumstances shall not be permitted to contest the notice of infraction; (2) After the court has received the explanation, the court may enter judgment in favor of the State and may assess a monetary assessment pursuant to section 132D‑H, together with any fees, surcharges, or costs; (3) The court, after receiving the explanation, may vacate the admission and enter judgment in favor of the defendant, dismissing the notice of infraction or any count therein with prejudice, where the explanation establishes that the infraction was not committed; and (4) There shall be no appeal from the judgment. (c) If a defendant for whom a hearing has been scheduled to contest the notice of infraction or to explain mitigating circumstances fails to appear at the hearing, the court shall enter judgment by default for the State and take action as provided in section 132D-F(e). §132D-H Monetary assessments. (a) A defendant found to have committed a fireworks infraction shall be assessed a monetary assessment pursuant to section 132D-14. (b) In addition to any monetary assessment imposed for a fireworks infraction, the court may impose additional assessments for: (1) Failure to pay a monetary assessment by the scheduled date of payment; (2) The cost of service of a penal summons issued pursuant to this part; or (3) The administrative costs of $20 for each noncompliance with a rule associated with the processing of fireworks infractions, in addition to any monetary assessment imposed by the court, whether or not such monetary assessment is suspended. (c) The clerk of the district court shall deposit the administrative costs collected into the judiciary computer system special fund pursuant to section 601-3.7. (d) The court may grant to a defendant claiming inability to pay an extension of the period in which the monetary assessment shall be paid or may impose community service in lieu of the monetary assessment. §132D-I Time computation. In computing any period of time prescribed or allowed by this part, the day of the act, event, or default from which the period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. Intermediate Saturdays, Sundays, and legal holidays shall be included. Whenever an act required to be performed under this part may be accomplished by mail, the act shall be deemed to have been performed on the date of the postmark on the mailed article. §132D-J Powers of the district court judge hearing cases pursuant to this part. (a) A district court judge hearing cases pursuant to this part shall have all the powers of a district court judge under chapter 604, including the following powers: (1) To conduct fireworks infraction hearings and impose monetary assessments; (2) To permit deferral of monetary assessments or impose community service in lieu of monetary assessments; (3) To dismiss a notice of infraction, with or without prejudice, or set aside a judgment for the State; (4) To issue penal summonses and bench warrants and initiate contempt of court proceedings in proceedings conducted pursuant to section 132D-K; (5) To issue penal summonses and bench warrants and initiate failure to appear proceedings in proceedings conducted pursuant to section 132D-D(d)(10); and (6) To exercise other powers the court finds necessary and appropriate to carry out the purposes of this part. §132D-K Trial and concurrent trial. (a) There shall be no right to trial unless the defendant contests the notice of infraction pursuant to section 132D-G. If, after proceedings to contest the notice of infraction, a determination is made that the defendant committed the fireworks infraction, judgment shall enter in favor of the State. The defendant may request a trial pursuant to the Hawaii rules of evidence and the rules of the district court; provided that any request for trial shall be made within thirty days of entry of judgment. If, after appearing in person at a hearing to contest the notice of infraction, the defendant requests a trial at the conclusion of the hearing, the court shall provide the defendant with the trial date as soon as practicable. (b) At the time of trial, the State shall be represented by a prosecuting attorney of the county in which the fireworks infraction occurred. The prosecuting attorney shall orally recite the charged fireworks infraction in court prior to commencement of the trial. Proof of the defendant's commission of the fireworks infraction shall be by a preponderance of the evidence. (c) Appeals from judgments entered after a trial on the notice of infraction may be taken in the manner provided for appeals from district court civil judgments. (d) If trial on the fireworks infraction is held prior to trial on any related criminal offense, the following shall be inadmissible in the subsequent prosecution or trial of the related criminal offense: (1) Any written or oral statement made by the defendant in proceedings conducted pursuant to section 132D-F(b); and (2) Any testimony given by the defendant in the trial on the fireworks infraction. The statement or testimony, or both, shall not be deemed a waiver of the defendant's privilege against self-incrimination in connection with any related criminal offense. (e) In any concurrent trial, the State shall be represented by a prosecuting attorney of the county in which the fireworks infraction and related crime occurred. Proof of the defendant's commission of the fireworks infraction shall be by a preponderance of the evidence, and proof of the related criminal offense shall be by proof beyond a reasonable doubt. The concurrent trial shall be conducted pursuant to the rules of the appropriate court, Hawaii rules of evidence, and Hawaii rules of penal procedure. §132D-L Rules. (a) The supreme court may adopt rules of procedure for the conduct of all proceedings pursuant to this part. (b) Chapter 626 shall not apply in proceedings conducted pursuant to this part, except for the rules governing privileged communications, and proceedings conducted under section 132D-K. (c) Notwithstanding section 604-17, while the court is sitting in any matter pursuant to this part, the court shall not be required to preserve the testimony or proceedings, except proceedings conducted pursuant to section 132D-K and proceedings in which the fireworks infraction is heard on the same date and time as any related criminal offense. (d) The prosecuting attorney shall not participate in fireworks infraction proceedings conducted pursuant to this part, except proceedings pursuant to section 132D-K and proceedings in which a related criminal offense is scheduled for arraignment, hearing, or concurrent trial. (e) Chapter 91 shall not apply in proceedings before the court. (f) Except as otherwise provided in section 132D-B, chapter 571 and the Hawaii family court rules shall not apply in any proceedings conducted pursuant to this part." SECTION 3. Chapter 132D, Hawaii Revised Statutes, is amended by designating sections 132D-1 to 132D-21 as part I and inserting a title before section 132D-1 to read as follows: "Part I. general provisions" SECTION 4. Section 132D-14, Hawaii Revised Statutes, is amended as follows: 1. By amending its title to read: "§132D-14 Penalty[.]; fireworks infractions." 2. By amending subsection (b) as follows: "(b) Except as provided in subsection (a) or as otherwise specifically provided for in this chapter, any person violating any other provision of this chapter, shall be fined not more than $2,000 for each violation[.], subject to the adjudication proceedings under part . Notwithstanding any provision to the contrary in this section, any person violating section 132D‑14.5 shall be fined at least $500 and no more than $2,000[.], subject to the adjudication proceedings under part ." SECTION 5. Section 571-41, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows: "(f) The judge, or the senior judge if there is more than one, may by order confer concurrent jurisdiction on a district court created under chapter 604 to hear and dispose of cases of violation of traffic laws or ordinances, or fireworks infraction rules established pursuant to part of chapter 132D, by children, provision to the contrary in section 571-11 or elsewhere notwithstanding. The exercise of jurisdiction over children by district courts shall, nevertheless, be considered noncriminal in procedure and result in the same manner as though the matter had been adjudicated and disposed of by a family court." SECTION 6. Section 601-3.7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) There is established in the state treasury a special fund to be known as the judiciary computer system special fund, which shall contain the following: (1) Moneys collected from administrative fees pursuant to section 287-3(a); (2) Fees prescribed by the supreme court by rule of court for electronic document certification, electronic copies of documents, and for providing bulk access to electronic court records and compilations of data; and (3) Fees pursuant to sections 132D-H(b)(3), 607-4(b)(10), and 607‑5(c)(32)." SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 to update the judiciary information management system to implement the adjudications process established by this Act. The sums appropriated shall be expended by the judiciary for the purposes of this Act. SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 9. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 11. This Act shall take effect on January 1, 2050. |
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