| 1 | 1 | | HOUSE OF REPRESENTATIVES H.B. NO. 393 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to the judiciary. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 3 | 3 | | HOUSE OF REPRESENTATIVES H.B. NO. 393 |
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| 4 | 4 | | THIRTY-SECOND LEGISLATURE, 2023 |
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| 5 | 5 | | STATE OF HAWAII |
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| 7 | 7 | | HOUSE OF REPRESENTATIVES |
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| 9 | 9 | | H.B. NO. |
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| 11 | 11 | | 393 |
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| 12 | 12 | | |
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| 13 | 13 | | THIRTY-SECOND LEGISLATURE, 2023 |
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| 17 | 17 | | STATE OF HAWAII |
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| 31 | 31 | | A BILL FOR AN ACT |
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| 37 | 37 | | relating to the judiciary. |
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| 43 | 43 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 47 | 47 | | SECTION 1. The legislature finds that the imposition of prohibitively high monetary penalties on low-income individuals can have dire personal and societal consequences. For example, failure to pay monetary penalties for even minor traffic infractions can result in a stopper being placed on an individual's driver's license or registration, which prevents renewal until the monetary penalties are paid. If the individual is unable to find alternative means of transportation to work, or if driving is a required condition for their employment, the individual may end up losing their employment. Not only does this loss of income make payment of the monetary penalties less likely, it also can have widespread and lasting results, such as the individual becoming homeless or dependent upon the State. The legislature further finds that the financial hardship task force, established pursuant to Act 112, Session Laws of Hawaii 2019, made several recommendations on how to improve the current traffic system to address the needs of those who are experiencing financial hardship. Although many of the task force's recommendations have already been adopted, the legislature believes that other recommendations promoting uniformity and fairness should also be implemented. Accordingly, the purpose of this Act is to: (1) Require the judiciary to establish a uniform procedure for adjusting payments and partner with other state agencies for ability to pay determinations; (2) Set the community service conversion rate for certain monetary penalties; and (3) Appropriate funds for the judiciary to develop a legal financial obligation calculator. SECTION 2. Chapter 601, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§601- Ability to pay determinations; uniform procedure; governmental partnerships. (a) The judiciary shall establish a uniform procedure to adjust a defendant's monetary penalty when a defendant claims financial hardship in a uniform petition for ability to pay determinations or a petition for non-hearing assessments of fine conversions. The judiciary shall develop the necessary petition forms. (b) The judiciary shall establish partnerships with other state agencies, such as the department of labor and industrial relations, department of human services, department of taxation, and child support enforcement agency, to streamline the sharing of information, such as whether a person receives public benefits, to aid ability to pay determinations." SECTION 3. Section 286-136, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows: "(d) 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[.], at the rate of one hour of service for every $25 of the fine." SECTION 4. Section 291D-9, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows: "(d) Upon request of a person claiming inability to pay a monetary assessment, the court may grant an extension of the period in which the monetary assessment shall be paid or may impose community service in lieu thereof[.], at the rate of one hour of service for every $25 of the monetary assessment. (e) At any point before full payment of a monetary assessment, any person who suffers a change in financial circumstances may request a hearing to modify the monetary assessment or to request community service in lieu thereof[.], at the rate of one hour of service for every $25 of the monetary assessment." SECTION 5. Section 431:10C-117, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a)(1) Any person subject to this article in the capacity of the operator, owner, or registrant of a motor vehicle operated in this State, or registered in this State, who violates any applicable provision of this article, shall be subject to citation for the violation by any county police department in a form and manner approved by the traffic and emergency period violations bureau of the district court of the first circuit; (2) Notwithstanding any provision of the Hawaii Penal Code: (A) Each violation shall be deemed a separate offense and shall be subject to a fine of no less than $100 nor more than $5,000 which shall not be suspended except as provided in subparagraph (B); and (B) If the person is convicted of not having had a motor vehicle insurance policy in effect at the time the citation was issued, the fine shall be $500 for the first offense and a minimum of $1,500 for each subsequent offense that occurs within a five-year period from any prior offense; provided that the court: (i) Shall have the discretion to suspend all or any portion of the fine if the defendant provides proof of having a current motor vehicle insurance policy; provided further that upon the defendant's request, the court may grant community service in lieu of the fine, of no less than seventy-five hours and no more than one hundred hours for the first offense, and no less than two hundred hours nor more than two hundred seventy-five hours for the second offense; and (ii) May grant community service in lieu of the fine for subsequent offenses at the court's discretion; (3) In addition to the fine in paragraph (2), the court shall either: (A) Suspend the driver's license of the driver or of the registered owner for: (i) Three months for the first conviction; and (ii) One year for any subsequent offense within a five-year period from a previous offense; provided that the driver or the registered owner shall not be required to obtain proof of financial responsibility pursuant to section 287‑20; or (B) Require the driver or the registered owner to keep a nonrefundable motor vehicle insurance policy in force for six months; (4) 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[;], at the rate of one hour of service for every $25 of the fine; (5) Any person cited under this section shall have an opportunity to present a good faith defense, including lack of knowledge or proof of insurance; provided that the general penalty provision of this section shall not apply to: (A) Any operator of a motor vehicle owned by another person if the operator's own insurance covers such driving; (B) Any operator of a motor vehicle owned by that person's employer during the normal scope of that person's employment; or (C) Any operator of a borrowed motor vehicle if the operator holds a reasonable belief that the subject vehicle is insured; (6) In the case of multiple convictions for driving without a valid motor vehicle insurance policy within a five-year period from any prior offense, the court, in addition to any other penalty, shall impose the following penalties: (A) Imprisonment of no more than thirty days; (B) Suspension or revocation of the motor vehicle registration plates of the vehicle involved; (C) Impoundment, or impoundment and sale, of the motor vehicle for the costs of storage and other charges incident to seizure of the vehicle, or any other cost involved pursuant to section 431:10C-301; or (D) Any combination of those penalties; and (7) Any violation as provided in paragraph (2)(B) shall not be deemed to be a traffic infraction as defined by chapter 291D." SECTION 6. Section 706-644, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows: "(4) If it appears that the defendant's default in the payment of a fee, fine, or restitution is not contumacious, the court may make an order allowing the defendant additional time for payment, reducing the amount of each installment, or revoking the fee, fine, or the unpaid portion thereof in whole or in part, or converting the unpaid portion of the fee or fine to community service[.], at the rate of one hour of service for every $25 of the fee or fine. A defendant shall not be discharged from an order to pay restitution until the full amount of the restitution has actually been collected or accounted for." 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the judiciary to develop a legal financial obligation calculator that alleviates the burden of in-person hearings for ability to pay determinations and assists judges in determining the appropriate monetary penalty amount to impose by providing users with a centralized resource that combines laws specific to the charged crimes, a person's ability to pay, and tools to determine reasonable payment options. 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 10. This Act shall take effect upon its approval; provided that section 7 shall take effect on July 1, 2023. INTRODUCED BY: _____________________________ |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. The legislature finds that the imposition of prohibitively high monetary penalties on low-income individuals can have dire personal and societal consequences. For example, failure to pay monetary penalties for even minor traffic infractions can result in a stopper being placed on an individual's driver's license or registration, which prevents renewal until the monetary penalties are paid. If the individual is unable to find alternative means of transportation to work, or if driving is a required condition for their employment, the individual may end up losing their employment. Not only does this loss of income make payment of the monetary penalties less likely, it also can have widespread and lasting results, such as the individual becoming homeless or dependent upon the State. |
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| 50 | 50 | | |
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| 51 | 51 | | The legislature further finds that the financial hardship task force, established pursuant to Act 112, Session Laws of Hawaii 2019, made several recommendations on how to improve the current traffic system to address the needs of those who are experiencing financial hardship. Although many of the task force's recommendations have already been adopted, the legislature believes that other recommendations promoting uniformity and fairness should also be implemented. |
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| 52 | 52 | | |
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| 53 | 53 | | Accordingly, the purpose of this Act is to: |
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| 54 | 54 | | |
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| 55 | 55 | | (1) Require the judiciary to establish a uniform procedure for adjusting payments and partner with other state agencies for ability to pay determinations; |
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| 56 | 56 | | |
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| 57 | 57 | | (2) Set the community service conversion rate for certain monetary penalties; and |
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| 58 | 58 | | |
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| 59 | 59 | | (3) Appropriate funds for the judiciary to develop a legal financial obligation calculator. |
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| 60 | 60 | | |
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| 61 | 61 | | SECTION 2. Chapter 601, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: |
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| 62 | 62 | | |
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| 63 | 63 | | "§601- Ability to pay determinations; uniform procedure; governmental partnerships. (a) The judiciary shall establish a uniform procedure to adjust a defendant's monetary penalty when a defendant claims financial hardship in a uniform petition for ability to pay determinations or a petition for non-hearing assessments of fine conversions. The judiciary shall develop the necessary petition forms. |
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| 64 | 64 | | |
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| 65 | 65 | | (b) The judiciary shall establish partnerships with other state agencies, such as the department of labor and industrial relations, department of human services, department of taxation, and child support enforcement agency, to streamline the sharing of information, such as whether a person receives public benefits, to aid ability to pay determinations." |
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| 66 | 66 | | |
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| 67 | 67 | | SECTION 3. Section 286-136, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows: |
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| 68 | 68 | | |
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| 69 | 69 | | "(d) 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[.], at the rate of one hour of service for every $25 of the fine." |
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| 70 | 70 | | |
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| 71 | 71 | | SECTION 4. Section 291D-9, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows: |
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| 72 | 72 | | |
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| 73 | 73 | | "(d) Upon request of a person claiming inability to pay a monetary assessment, the court may grant an extension of the period in which the monetary assessment shall be paid or may impose community service in lieu thereof[.], at the rate of one hour of service for every $25 of the monetary assessment. |
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| 74 | 74 | | |
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| 75 | 75 | | (e) At any point before full payment of a monetary assessment, any person who suffers a change in financial circumstances may request a hearing to modify the monetary assessment or to request community service in lieu thereof[.], at the rate of one hour of service for every $25 of the monetary assessment." |
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| 76 | 76 | | |
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| 77 | 77 | | SECTION 5. Section 431:10C-117, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: |
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| 78 | 78 | | |
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| 79 | 79 | | "(a)(1) Any person subject to this article in the capacity of the operator, owner, or registrant of a motor vehicle operated in this State, or registered in this State, who violates any applicable provision of this article, shall be subject to citation for the violation by any county police department in a form and manner approved by the traffic and emergency period violations bureau of the district court of the first circuit; |
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| 80 | 80 | | |
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| 81 | 81 | | (2) Notwithstanding any provision of the Hawaii Penal Code: |
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| 82 | 82 | | |
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| 83 | 83 | | (A) Each violation shall be deemed a separate offense and shall be subject to a fine of no less than $100 nor more than $5,000 which shall not be suspended except as provided in subparagraph (B); and |
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| 84 | 84 | | |
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| 85 | 85 | | (B) If the person is convicted of not having had a motor vehicle insurance policy in effect at the time the citation was issued, the fine shall be $500 for the first offense and a minimum of $1,500 for each subsequent offense that occurs within a five-year period from any prior offense; provided that the court: |
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| 86 | 86 | | |
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| 87 | 87 | | (i) Shall have the discretion to suspend all or any portion of the fine if the defendant provides proof of having a current motor vehicle insurance policy; provided further that upon the defendant's request, the court may grant community service in lieu of the fine, of no less than seventy-five hours and no more than one hundred hours for the first offense, and no less than two hundred hours nor more than two hundred seventy-five hours for the second offense; and |
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| 88 | 88 | | |
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| 89 | 89 | | (ii) May grant community service in lieu of the fine for subsequent offenses at the court's discretion; |
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| 90 | 90 | | |
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| 91 | 91 | | (3) In addition to the fine in paragraph (2), the court shall either: |
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| 92 | 92 | | |
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| 93 | 93 | | (A) Suspend the driver's license of the driver or of the registered owner for: |
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| 94 | 94 | | |
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| 95 | 95 | | (i) Three months for the first conviction; and |
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| 96 | 96 | | |
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| 97 | 97 | | (ii) One year for any subsequent offense within a five-year period from a previous offense; |
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| 98 | 98 | | |
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| 99 | 99 | | provided that the driver or the registered owner shall not be required to obtain proof of financial responsibility pursuant to section 287‑20; or |
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| 100 | 100 | | |
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| 101 | 101 | | (B) Require the driver or the registered owner to keep a nonrefundable motor vehicle insurance policy in force for six months; |
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| 102 | 102 | | |
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| 103 | 103 | | (4) 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[;], at the rate of one hour of service for every $25 of the fine; |
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| 104 | 104 | | |
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| 105 | 105 | | (5) Any person cited under this section shall have an opportunity to present a good faith defense, including lack of knowledge or proof of insurance; provided that the general penalty provision of this section shall not apply to: |
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| 106 | 106 | | |
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| 107 | 107 | | (A) Any operator of a motor vehicle owned by another person if the operator's own insurance covers such driving; |
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| 108 | 108 | | |
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| 109 | 109 | | (B) Any operator of a motor vehicle owned by that person's employer during the normal scope of that person's employment; or |
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| 110 | 110 | | |
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| 111 | 111 | | (C) Any operator of a borrowed motor vehicle if the operator holds a reasonable belief that the subject vehicle is insured; |
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| 112 | 112 | | |
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| 113 | 113 | | (6) In the case of multiple convictions for driving without a valid motor vehicle insurance policy within a five-year period from any prior offense, the court, in addition to any other penalty, shall impose the following penalties: |
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| 114 | 114 | | |
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| 115 | 115 | | (A) Imprisonment of no more than thirty days; |
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| 116 | 116 | | |
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| 117 | 117 | | (B) Suspension or revocation of the motor vehicle registration plates of the vehicle involved; |
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| 118 | 118 | | |
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| 119 | 119 | | (C) Impoundment, or impoundment and sale, of the motor vehicle for the costs of storage and other charges incident to seizure of the vehicle, or any other cost involved pursuant to section 431:10C-301; or |
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| 120 | 120 | | |
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| 121 | 121 | | (D) Any combination of those penalties; and |
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| 122 | 122 | | |
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| 123 | 123 | | (7) Any violation as provided in paragraph (2)(B) shall not be deemed to be a traffic infraction as defined by chapter 291D." |
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| 124 | 124 | | |
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| 125 | 125 | | SECTION 6. Section 706-644, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows: |
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| 126 | 126 | | |
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| 127 | 127 | | "(4) If it appears that the defendant's default in the payment of a fee, fine, or restitution is not contumacious, the court may make an order allowing the defendant additional time for payment, reducing the amount of each installment, or revoking the fee, fine, or the unpaid portion thereof in whole or in part, or converting the unpaid portion of the fee or fine to community service[.], at the rate of one hour of service for every $25 of the fee or fine. A defendant shall not be discharged from an order to pay restitution until the full amount of the restitution has actually been collected or accounted for." |
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| 128 | 128 | | |
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| 129 | 129 | | 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the judiciary to develop a legal financial obligation calculator that alleviates the burden of in-person hearings for ability to pay determinations and assists judges in determining the appropriate monetary penalty amount to impose by providing users with a centralized resource that combines laws specific to the charged crimes, a person's ability to pay, and tools to determine reasonable payment options. |
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| 130 | 130 | | |
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| 131 | 131 | | The sums appropriated shall be expended by the judiciary for the purposes of this Act. |
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| 132 | 132 | | |
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| 133 | 133 | | 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. |
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| 134 | 134 | | |
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| 135 | 135 | | SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. |
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| 136 | 136 | | |
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| 137 | 137 | | SECTION 10. This Act shall take effect upon its approval; provided that section 7 shall take effect on July 1, 2023. |
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| 138 | 138 | | |
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| 139 | 139 | | |
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| 140 | 140 | | |
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| 141 | 141 | | INTRODUCED BY: _____________________________ |
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| 142 | 142 | | |
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| 143 | 143 | | INTRODUCED BY: |
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| 144 | 144 | | |
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| 145 | 145 | | _____________________________ |
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| 146 | 146 | | |
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| 147 | 147 | | |
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| 148 | 148 | | |
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| 149 | 149 | | |
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| 150 | 150 | | |
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| 151 | 151 | | Report Title: Ability to Pay Determinations; Community Service; Appropriation Description: Requires the judiciary to establish a uniform procedure for adjusting payments and partner with other state agencies for ability to pay determinations. Sets the community service conversion rate for certain monetary penalties. Appropriates funds to develop a legal financial obligation calculator. 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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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | |
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| 156 | 156 | | |
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| 157 | 157 | | Report Title: |
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| 158 | 158 | | |
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| 159 | 159 | | Ability to Pay Determinations; Community Service; Appropriation |
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| 160 | 160 | | |
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| 161 | 161 | | |
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| 162 | 162 | | |
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| 163 | 163 | | Description: |
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| 164 | 164 | | |
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| 165 | 165 | | Requires the judiciary to establish a uniform procedure for adjusting payments and partner with other state agencies for ability to pay determinations. Sets the community service conversion rate for certain monetary penalties. Appropriates funds to develop a legal financial obligation calculator. |
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| 166 | 166 | | |
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| 167 | 167 | | |
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| 168 | 168 | | |
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| 169 | 169 | | |
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| 170 | 170 | | |
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| 171 | 171 | | |
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| 172 | 172 | | |
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| 173 | 173 | | 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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