Hawaii 2024 Regular Session

Hawaii Senate Bill SB2888 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2888 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT RELATING TO MOTOR VEHICLES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2888
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2888
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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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 MOTOR VEHICLES.
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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. Section 286-136, Hawaii Revised Statutes, is amended to read as follows: "§286-136 Penalty. (a) Except as provided in [subsection] subsections (b)[,] and (c), any person who violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be fined no more than $1,000 or imprisoned no more than thirty days, or both. Any person who violates any other section in this part shall be fined no more than $1,000. (b) Any person who is convicted of violating section 286‑102, 286-122, 286-130, [286-131,] or 286-132[, 286-133, or 286-134] shall be [subject]: (1) Subject to a minimum fine of $500 and a maximum fine of $1,000, or imprisoned no more than one year, or both, if the person has [two or more] to prior convictions; (2) Guilty of a class C felony if the person has to prior convictions; or (3) Guilty of a class B felony if the person has or more prior convictions, for the same offense in the preceding five-year period. (c) Any person who is convicted of violating section 286‑131, 286-133, or 286-134 shall be subject to a minimum fine of $500 and a maximum fine of $1,000, or imprisoned no more than one year, or both, if the person has two or more prior convictions for the same offense in the preceding five-year period. [(c)] (d) Notwithstanding subsections (a) [and], (b), and (c), a minor under the age of eighteen under the jurisdiction of the family court who is subject to this section shall either lose the right to drive a motor vehicle until the age of eighteen or be subject to a fine of $500. [(d)] (e) Any person subject to a fine under this section and who fails to timely pay the fine shall be given an opportunity to petition the court to demonstrate that the person's nonpayment or inability to pay is not wilful; provided that if the person petitions the court, the court shall make an individualized assessment of the person's ability to pay based upon the totality of the circumstances, including the person's disposable income, financial obligations, and liquid assets; provided further that if the court determines that the person's nonpayment or inability to pay is not wilful, the court may enter an order that allows additional time for payment; reduces the amount of each installment; revokes the fee or fine, or unpaid portion thereof, in whole or in part; or converts any outstanding fine to community service." SECTION 2. Section 291E-62, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) Any person convicted of violating this section shall be [sentenced as follows] penalized pursuant to this section, without the possibility of probation or suspension of any sentence: (1) For a first offense, or any offense not preceded within a ten-year period by conviction for an offense under this section, section 291E-66, or section 291‑4.5 as that section was in effect on December 31, 2001: (A) [A] The person shall serve a term of imprisonment of no less than three consecutive days and no more than thirty days; (B) [A] The person shall pay a fine of no less than $250 and no more than $1,000, to be deposited into the drug and alcohol toxicology testing laboratory special fund; and (C) [Revocation of] The person's license and privilege to operate a vehicle shall be revoked for an additional year; (2) For an offense that occurs within ten years of a prior conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001: (A) [Thirty] The person shall serve a term of imprisonment of thirty days [imprisonment]; (B) [A] The person shall pay a $1,000 fine, to be deposited into the drug and alcohol toxicology testing laboratory special fund; and (C) [Revocation of] The person's license and privilege to operate a vehicle shall be revoked for an additional two years; (3) For an offense that occurs within ten years of two [or more] to prior convictions for offenses under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001, or any combination thereof: (A) [No] The person shall serve no less than six months and no more than one year imprisonment; (B) [A] The person shall pay a $2,000 fine, to be deposited into the drug and alcohol toxicology testing laboratory special fund; and (C) [Permanent revocation of the] The person's license and privilege to operate a vehicle[; and] shall be permanently revoked; (4) For an offense that occurs within ten years of to prior convictions for offenses under this section or section 291E-66, or any combination thereof: (A) The person shall be guilty of a class C felony; provided that any fine collected shall be deposited into the drug and alcohol toxicology testing laboratory special fund; and (B) The person's license and privilege to operate a vehicle shall be permanently revoked; (5) For an offense that occurs within ten years of to prior convictions for offenses under this section or section 291E-66, or any combination thereof: (A) The person shall be guilty of a class B felony; provided that any fine collected shall be deposited into the drug and alcohol toxicology testing laboratory special fund; and (B) The person's license and privilege to operate a vehicle shall be permanently revoked; and [(4)] (6) In addition to a sentence imposed under paragraphs (1) through [(3),] (5), any person who is convicted under this section and also convicted under section 291E-61 or 291E-61.5, for an offense based on the same incident or arising from the same episode, shall be sentenced to terms of imprisonment for both offenses, which shall be served consecutively." SECTION 3. Section 291E-62, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) Any person convicted of violating this section shall be [sentenced as follows] penalized pursuant to this section, without the possibility of probation or suspension of any sentence: (1) For a first offense, or any offense not preceded within a ten-year period by conviction for an offense under this section, section 291E-66, or section 291‑4.5 as that section was in effect on December 31, 2001: (A) [A] The person shall serve a term of imprisonment of [not] no less than three consecutive days and [not] no more than thirty days; (B) [A] The person shall pay a fine of [not] no less than $250 and [not] no more than $1,000; and (C) [Revocation of] The person's license and privilege to operate a vehicle shall be revoked for an additional year; (2) For an offense that occurs within ten years of a prior conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001: (A) [Thirty] The person shall serve a term of imprisonment of thirty days [imprisonment]; (B) [A] The person shall pay a $1,000 fine; and (C) [Revocation of] The person's license and privilege to operate a vehicle shall be revoked for an additional two years; (3) For an offense that occurs within ten years of two [or more] to prior convictions for offenses under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001, or any combination thereof: (A) [No] The person shall serve no less than six months and no more than one year imprisonment; (B) [A] The person shall pay a $2,000 fine; and (C) [Permanent revocation of the] The person's license and privilege to operate a vehicle[; and] shall be permanently revoked; (4) For an offense that occurs within ten years of to prior convictions for offenses under this section or section 291E-66, or any combination thereof: (A) The person shall be guilty of a class C felony; and (B) The person's license and privilege to operate a vehicle shall be permanently revoked; (5) For an offense that occurs within ten years of to prior convictions for offenses under this section or section 291E-66, or any combination thereof: (A) The person shall be guilty of a class B felony; and (B) The person's license and privilege to operate a vehicle shall be permanently revoked; and [(4)] (6) In addition to a sentence imposed under paragraphs (1) through [(3),] (5), any person who is convicted under this section and also convicted under section 291E-61 or 291E-61.5, for an offense based on the same incident or arising from the same episode, shall be sentenced to terms of imprisonment for both offenses, which shall be served consecutively." SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 5 Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 2024; provided that: (1) Section 2 shall be repealed; and (2) Section 3 shall take effect, on the date that section 291E-62(c), Hawaii Revised Statutes is repealed and reenacted pursuant to section 11 of Act 196, Session Laws of Hawaii 2021, as amended by section 8 of Act 148, Session Laws of Hawaii 2023. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 286-136, Hawaii Revised Statutes, is amended to read as follows:
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51	51	"§286-136 Penalty. (a) Except as provided in [subsection] subsections (b)[,] and (c), any person who violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be fined no more than $1,000 or imprisoned no more than thirty days, or both. Any person who violates any other section in this part shall be fined no more than $1,000.
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53	53	(b) Any person who is convicted of violating section 286‑102, 286-122, 286-130, [286-131,] or 286-132[, 286-133, or 286-134] shall be [subject]:
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55	55	(1) Subject to a minimum fine of $500 and a maximum fine of $1,000, or imprisoned no more than one year, or both, if the person has [two or more] to prior convictions;
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57	57	(2) Guilty of a class C felony if the person has to prior convictions; or
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59	59	(3) Guilty of a class B felony if the person has or more prior convictions,
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61	61	for the same offense in the preceding five-year period.
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63	63	(c) Any person who is convicted of violating section 286‑131, 286-133, or 286-134 shall be subject to a minimum fine of $500 and a maximum fine of $1,000, or imprisoned no more than one year, or both, if the person has two or more prior convictions for the same offense in the preceding five-year period.
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65	65	[(c)] (d) Notwithstanding subsections (a) [and], (b), and (c), a minor under the age of eighteen under the jurisdiction of the family court who is subject to this section shall either lose the right to drive a motor vehicle until the age of eighteen or be subject to a fine of $500.
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67	67	[(d)] (e) Any person subject to a fine under this section and who fails to timely pay the fine shall be given an opportunity to petition the court to demonstrate that the person's nonpayment or inability to pay is not wilful; provided that if the person petitions the court, the court shall make an individualized assessment of the person's ability to pay based upon the totality of the circumstances, including the person's disposable income, financial obligations, and liquid assets; provided further that if the court determines that the person's nonpayment or inability to pay is not wilful, the court may enter an order that allows additional time for payment; reduces the amount of each installment; revokes the fee or fine, or unpaid portion thereof, in whole or in part; or converts any outstanding fine to community service."
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69	69	SECTION 2. Section 291E-62, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
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71	71	"(c) Any person convicted of violating this section shall be [sentenced as follows] penalized pursuant to this section, without the possibility of probation or suspension of any sentence:
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73	73	(1) For a first offense, or any offense not preceded within a ten-year period by conviction for an offense under this section, section 291E-66, or section 291‑4.5 as that section was in effect on December 31, 2001:
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75	75	(A) [A] The person shall serve a term of imprisonment of no less than three consecutive days and no more than thirty days;
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77	77	(B) [A] The person shall pay a fine of no less than $250 and no more than $1,000, to be deposited into the drug and alcohol toxicology testing laboratory special fund; and
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79	79	(C) [Revocation of] The person's license and privilege to operate a vehicle shall be revoked for an additional year;
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81	81	(2) For an offense that occurs within ten years of a prior conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001:
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83	83	(A) [Thirty] The person shall serve a term of imprisonment of thirty days [imprisonment];
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85	85	(B) [A] The person shall pay a $1,000 fine, to be deposited into the drug and alcohol toxicology testing laboratory special fund; and
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87	87	(C) [Revocation of] The person's license and privilege to operate a vehicle shall be revoked for an additional two years;
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89	89	(3) For an offense that occurs within ten years of two [or more] to prior convictions for offenses under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001, or any combination thereof:
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91	91	(A) [No] The person shall serve no less than six months and no more than one year imprisonment;
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93	93	(B) [A] The person shall pay a $2,000 fine, to be deposited into the drug and alcohol toxicology testing laboratory special fund; and
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95	95	(C) [Permanent revocation of the] The person's license and privilege to operate a vehicle[; and] shall be permanently revoked;
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97	97	(4) For an offense that occurs within ten years of to prior convictions for offenses under this section or section 291E-66, or any combination thereof:
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99	99	(A) The person shall be guilty of a class C felony; provided that any fine collected shall be deposited into the drug and alcohol toxicology testing laboratory special fund; and
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101	101	(B) The person's license and privilege to operate a vehicle shall be permanently revoked;
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103	103	(5) For an offense that occurs within ten years of to prior convictions for offenses under this section or section 291E-66, or any combination thereof:
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105	105	(A) The person shall be guilty of a class B felony; provided that any fine collected shall be deposited into the drug and alcohol toxicology testing laboratory special fund; and
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107	107	(B) The person's license and privilege to operate a vehicle shall be permanently revoked; and
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109	109	[(4)] (6) In addition to a sentence imposed under paragraphs (1) through [(3),] (5), any person who is convicted under this section and also convicted under section 291E-61 or 291E-61.5, for an offense based on the same incident or arising from the same episode, shall be sentenced to terms of imprisonment for both offenses, which shall be served consecutively."
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111	111	SECTION 3. Section 291E-62, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
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113	113	"(c) Any person convicted of violating this section shall be [sentenced as follows] penalized pursuant to this section, without the possibility of probation or suspension of any sentence:
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115	115	(1) For a first offense, or any offense not preceded within a ten-year period by conviction for an offense under this section, section 291E-66, or section 291‑4.5 as that section was in effect on December 31, 2001:
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117	117	(A) [A] The person shall serve a term of imprisonment of [not] no less than three consecutive days and [not] no more than thirty days;
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119	119	(B) [A] The person shall pay a fine of [not] no less than $250 and [not] no more than $1,000; and
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121	121	(C) [Revocation of] The person's license and privilege to operate a vehicle shall be revoked for an additional year;
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123	123	(2) For an offense that occurs within ten years of a prior conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001:
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125	125	(A) [Thirty] The person shall serve a term of imprisonment of thirty days [imprisonment];
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127	127	(B) [A] The person shall pay a $1,000 fine; and
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129	129	(C) [Revocation of] The person's license and privilege to operate a vehicle shall be revoked for an additional two years;
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131	131	(3) For an offense that occurs within ten years of two [or more] to prior convictions for offenses under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001, or any combination thereof:
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133	133	(A) [No] The person shall serve no less than six months and no more than one year imprisonment;
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135	135	(B) [A] The person shall pay a $2,000 fine; and
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137	137	(C) [Permanent revocation of the] The person's license and privilege to operate a vehicle[; and] shall be permanently revoked;
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139	139	(4) For an offense that occurs within ten years of to prior convictions for offenses under this section or section 291E-66, or any combination thereof:
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141	141	(A) The person shall be guilty of a class C felony; and
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143	143	(B) The person's license and privilege to operate a vehicle shall be permanently revoked;
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145	145	(5) For an offense that occurs within ten years of to prior convictions for offenses under this section or section 291E-66, or any combination thereof:
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147	147	(A) The person shall be guilty of a class B felony; and
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149	149	(B) The person's license and privilege to operate a vehicle shall be permanently revoked; and
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151	151	[(4)] (6) In addition to a sentence imposed under paragraphs (1) through [(3),] (5), any person who is convicted under this section and also convicted under section 291E-61 or 291E-61.5, for an offense based on the same incident or arising from the same episode, shall be sentenced to terms of imprisonment for both offenses, which shall be served consecutively."
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153	153	SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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155	155	SECTION 5 Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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157	157	SECTION 6. This Act shall take effect on July 1, 2024; provided that:
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159	159	(1) Section 2 shall be repealed; and
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161	161	(2) Section 3 shall take effect,
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163	163	on the date that section 291E-62(c), Hawaii Revised Statutes is repealed and reenacted pursuant to section 11 of Act 196, Session Laws of Hawaii 2021, as amended by section 8 of Act 148, Session Laws of Hawaii 2023.
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167	167	INTRODUCED BY: _____________________________
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169	169	INTRODUCED BY:
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171	171	_____________________________
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177	177	Report Title: Vehicles; Driving; Highways; Operating; Licenses; Penalties Description: Increases penalties for certain offenses relating to the unauthorized driving or operation of motor vehicles. 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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183	183	Report Title:
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185	185	Vehicles; Driving; Highways; Operating; Licenses; Penalties
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189	189	Description:
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191	191	Increases penalties for certain offenses relating to the unauthorized driving or operation of motor vehicles.
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199	199	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.