| 47 | | - | PART I SECTION 1. Section 291C-105, Hawaii Revised Statutes, is amended to read as follows: "§291C-105 Excessive speeding. (a) No person shall drive a motor vehicle at a speed exceeding: (1) The applicable state or county speed limit by thirty miles per hour or more; or (2) Eighty miles per hour or more irrespective of the applicable state or county speed limit. (b) For the purposes of this section, "the applicable state or county speed limit" means[:] the minimum speed limit established: (1) [The maximum speed limit established by] By county ordinance; (2) [The maximum speed limit established by] By official signs placed by the director of transportation on highways under the director's jurisdiction; or (3) [The maximum speed limit established pursuant] Pursuant to section 291C-104 by the director of transportation or the counties for school zones and construction areas in their respective jurisdictions. (c) Any person who violates [this section] subsection (a) shall be guilty of a petty misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence: (1) For a first offense not preceded by a prior conviction for an offense under [this section] subsection (a) in the preceding five years: (A) A fine of [not] no less than $500 and [not] no more than $1,000; (B) Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work‑related purposes; (C) Attendance in a course of instruction in driver retraining; (D) A surcharge of $25 to be deposited into the neurotrauma special fund[;] under section 321H-4; (E) [May be charged a] A surcharge of [up to] no more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders; (F) An assessment for driver education pursuant to section 286G-3; and (G) Either one of the following: (i) Thirty-six hours of community service work; or (ii) [Not] No less than forty-eight hours and [not] no more than five days of imprisonment; and (2) For an offense that occurs within five years of a prior conviction for an offense under [this section, by:] subsection (a): (A) A fine of [not] no less than $750 and [not] no more than $1,000; (B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period; (C) Attendance in a course of instruction in driver retraining; (D) A surcharge of $25 to be deposited into the neurotrauma special fund[;] under section 321H-4; (E) [May be charged a] A surcharge of [up to] no more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders; (F) An assessment for driver education pursuant to section 286G-3; and (G) Either one of the following: (i) [Not] No less than one hundred twenty hours of community service work; or (ii) [Not] No less than five days but [not] no more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively[; and (3) For an offense that occurs within five years of two prior convictions for offenses under this section, by: (A) A fine of $1,000; (B) Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than one year; (C) Attendance in a course of instruction in driver retraining; (D) No fewer than ten days but no more than thirty days of imprisonment of which at least forty-eight hours shall be served consecutively; (E) A surcharge of $25 to be deposited into the neurotrauma special fund; (F) May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders; and (G) An assessment for driver education pursuant to section 286G-3]. (d) Notwithstanding subsection (c), any person who violates subsection (a) within five years of two prior convictions for the same offense shall be guilty of a misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence: (1) A mandatory minimum jail sentence of thirty days; (2) Revocation of license and privilege to operate a vehicle for a period of no less than ninety days but no more than six months; (3) Attendance in a course of instruction in driver retraining; (4) A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4; (5) A surcharge of no more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders; (6) An assessment for driver education pursuant to section 286G-3; (7) To report, within seven days, to the appropriate police department, sheriff's office, or other governmental agency for fingerprinting; and (8) That the vehicle used in the commission of the offense be subject to forfeiture under chapter 712A, if the court so orders." PART II SECTION 2. Chapter 291L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§291L- Penalty. (a) The penalties for noncompliance with the maximum speed limit under an automated speed enforcement system shall be as provided in sections 291C-108 and 291C-161. (b) Any summons or citations issued or convictions resulting from this chapter shall not be recorded on a person's traffic abstract and shall not be used for insurance purposes in the provision of motor vehicle insurance coverage." SECTION 3. Section 291L-5, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) Notwithstanding any law to the contrary and except as otherwise provided in this chapter, beginning January 1, 2025, whenever any motor vehicle is determined, by means of an automated speed enforcement system, to have [exceeded the posted maximum speed limit by not less than five miles per hour in violation of] violated section 291C-108, the State's third-party contractor shall cause a summons or citation, as described in this section, to be sent by first-class mail[, that is postmarked within ten calendar days after the date of the incident,] to the registered owner of the motor vehicle. The summons or citation shall be mailed to the registered [owner of the motor vehicle at the] owner's address on record at the vehicle licensing division[.] and submitted to the post office within ten calendar days after the date of the incident. The State or the State's third-party contractor shall implement a process to record the date on which the summons or citation was submitted to the post office, and the record shall be prima facie evidence of the date the summons or citation was submitted to the post office. If the end of the ten-calendar-day period falls on a Saturday, Sunday, or holiday, then the ending period shall run until the end of the next day that is not a Saturday, Sunday, or holiday. The registered owner shall be determined by the identification of the motor vehicle license plate[.], and corresponding records maintained by the vehicle licensing division." 2. By amending subsection (d) to read: "(d) Before mailing the summons or citation for a traffic infraction pursuant to subsection (a), the applicable county police department shall review and verify the [validity of the] clear and unobstructed photographic, digital, or other visual image of the license plate of the motor vehicle required under this section." PART III SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 2025. |
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| 47 | + | PART I SECTION 1. Section 291C-105, Hawaii Revised Statutes, is amended to read as follows: "§291C-105 Excessive speeding. (a) No person shall drive a motor vehicle at a speed exceeding: (1) The applicable state or county speed limit by thirty miles per hour or more; or (2) Eighty miles per hour or more irrespective of the applicable state or county speed limit. (b) For the purposes of this section, "the applicable state or county speed limit" means: (1) The maximum speed limit established by county ordinance; (2) The maximum speed limit established by official signs placed by the director of transportation on highways under the director's jurisdiction; or (3) The maximum speed limit established pursuant to section 291C-104 by the director of transportation or the counties for school zones and construction areas in their respective jurisdictions. (c) Any person who violates [this section] subsection (a) shall be guilty of a petty misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence: (1) For a first offense not preceded by a prior conviction for an offense under [this section] subsection (a) in the preceding five years: (A) A fine of [not] no less than $500 and [not] no more than $1,000; (B) Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work‑related purposes; (C) Attendance in a course of instruction in driver retraining; (D) A surcharge of $25 to be deposited into the neurotrauma special fund[;] under section 321H-4; (E) [May be charged a] A surcharge of [up to] no more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders; (F) An assessment for driver education pursuant to section 286G-3; and (G) Either one of the following: (i) Thirty-six hours of community service work; or (ii) [Not] No less than forty-eight hours and [not] no more than five days of imprisonment; and (2) For an offense that occurs within five years of a prior conviction for an offense under [this section, by:] subsection (a): (A) A fine of [not] no less than $750 and [not] no more than $1,000; (B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period; (C) Attendance in a course of instruction in driver retraining; (D) A surcharge of $25 to be deposited into the neurotrauma special fund[;] under section 321H-4; (E) [May be charged a] A surcharge of [up to] no more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders; (F) An assessment for driver education pursuant to section 286G-3; and (G) Either one of the following: (i) [Not] No less than one hundred twenty hours of community service work; or (ii) [Not] No less than five days but [not] no more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively[; and (3) For an offense that occurs within five years of two prior convictions for offenses under this section, by: (A) A fine of $1,000; (B) Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than one year; (C) Attendance in a course of instruction in driver retraining; (D) No fewer than ten days but no more than thirty days of imprisonment of which at least forty-eight hours shall be served consecutively; (E) A surcharge of $25 to be deposited into the neurotrauma special fund; (F) May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders; and (G) An assessment for driver education pursuant to section 286G-3]. (d) Notwithstanding subsection (c), any person who violates subsection (a) within five years of two prior convictions for the same offense shall be guilty of a class C felony and shall be sentenced to an indeterminate term of imprisonment of five years pursuant to section 706-660 without the possibility of probation or suspension of sentence, along with the following: (1) Revocation of license and privilege to operate a vehicle for a period of no less than ninety days but no more than one year; provided that the applicable period of revocation shall commence upon the release of the person from the period of imprisonment imposed pursuant to this section; (2) A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4; (3) A surcharge of no more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders; (4) An assessment for driver education pursuant to section 286G‑3; and (5) That the vehicle used in the commission of the offense be subject to forfeiture under chapter 712A, if the court so orders. (e) Any person who is convicted of violating subsection (a) shall be ordered by the court to report to the appropriate police department, sheriff's office, or other governmental agency for identification processing, including fingerprinting and photographing as provided in section 846-2.5(b), if that person has not previously undergone identification processing for the offense." PART II SECTION 2. Chapter 291L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§291L- Penalty. (a) The penalties for noncompliance with the maximum speed limit under an automated speed enforcement system shall be as provided in sections 291C-108 and 291C-161. (b) Any summons or citations issued or convictions resulting from this chapter shall not be recorded on a person's traffic abstract and shall not be used for insurance purposes in the provision of motor vehicle insurance coverage." SECTION 3. Section 291L-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Notwithstanding any law to the contrary and except as otherwise provided in this chapter, beginning January 1, 2025, [whenever any motor vehicle is determined, by means of] when an automated speed enforcement system[, to have exceeded the posted maximum speed limit by not less than five miles per hour in violation of] determines that a motor vehicle has violated section 291C-108, the State's third-party contractor shall [cause] issue a summons or citation[, as described] in accordance with this section[, to]. The summons or citations shall be sent by first-class mail[, that is] and postmarked [within] no later than ten calendar days [after the date of the incident,] following the date of the violation to the registered owner of the motor vehicle at the address on record at the vehicle licensing division. If the [end of the ten-calendar-day period] tenth day falls on a Saturday, Sunday, or [holiday, then the ending period shall run until the end of the next day that is not a Saturday, Sunday, or holiday.] state-recognized holiday, the deadline shall be extended to the next business day. The registered owner shall be [determined by the identification of] identified based on the motor vehicle license plate[.] and corresponding records maintained by the vehicle licensing division." PART III SECTION 4. Section 286-136, Hawaii Revised Statutes, is amended to read as follows: "§286-136 Penalty. (a) Any person who violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be penalized as follows: (1) For a first offense, or any offense not preceded within a five-year period for the same offense, the person shall pay a fine of no more than $1,000 or serve a term of imprisonment of no more than thirty days, or both; (2) For an offense that occurs within five years of a prior conviction for the same offense, the person shall pay a minimum fine of $500 and a maximum fine of $1,000, or serve a term of imprisonment of no more than one year, or both; or (3) For an offense that occurs within five years of two or more prior convictions for the same offense, the person shall be guilty of a class C felony; provided that the court, as part of the person's sentencing, may order that the vehicle used by the person in the commission of the offense be subject to forfeiture under chapter 712A. (b) Any person who violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 and was convicted or granted a deferred acceptance of a guilty or nolo contendere plea or a conditional discharge of the offense shall be ordered by the court to report to the appropriate police department, sheriff's office, or other governmental agency for identification processing, including fingerprinting and photographing as provided in section 846-2.5(b), if that person has not previously undergone such identification processing for the offense. [(b)] (c) Any person who violates any other section in this part shall be fined no more than $1,000. [(c)] (d) Notwithstanding subsections (a) and [(b),] (c), a minor under the age of eighteen under the jurisdiction of the family court who is subject to this section shall either lose the right to drive a motor vehicle until the age of eighteen or be subject to a fine of $500. [(d)] (e) Any person subject to a fine under this section and who fails to timely pay the fine shall be given an opportunity to petition the court to demonstrate that the person's nonpayment or inability to pay is not wilful; provided that if the person petitions the court, the court shall make an individualized assessment of the person's ability to pay based upon the totality of the circumstances, including the person's disposable income, financial obligations, and liquid assets; provided further that if the court determines that the person's nonpayment or inability to pay is not wilful, the court may enter an order that allows additional time for payment; reduces the amount of each installment; revokes the fee or fine, or unpaid portion thereof, in whole or in part; or converts any outstanding fine to community service." PART IV SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 2025. |
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