Bill Text: HI HB1666 | 2012 | Regular Session | Amended

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Bill Title: Highway Safety; Negligent Homicide; Negligent Injury

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-07-10 - (S) Act 316, 7/10/2012 (Gov. Msg. No. 1433). [HB1666 Detail]

Download: Hawaii-2012-HB1666-Amended.html

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CONFERENCE COMMITTEE REP. NO. 33-12

 

Honolulu, Hawaii

                 , 2012

 

RE:    H.B. No. 1666

       H.D. 1

       S.D. 1

       C.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sirs:

 

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1666, H.D. 1, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to promote highway safety by amending the offenses of negligent homicide in the first degree, negligent homicide in the second degree, and negligent injury in the first degree to include provisions for incidents involving a vulnerable highway user.

 

     Hawaii's roadways have often been called dangerous for pedestrians, cyclists, and others who legally use the public right of way without being in a motor vehicle.  Unfortunately, when collisions occur between motor vehicles and these individuals, the outcome is often catastrophic.  Amending the offenses of negligent homicide in the first degree, negligent homicide in the second degree, and negligent injury in the first degree to include provisions for incidents in which these vulnerable highway users are involved may, at the very least, increase driver awareness of these individuals.

 

     Your Committee on Conference has amended this measure by clarifying that the term of "simple negligence" when used under the offense of negligent homicide in the second degree as applicable to the operation of a vehicle when it involves the death of a vulnerable user shall have the same meaning as that used for "simple negligence" under the offense of negligent homicide in the third degree under the Penal Code.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1666, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1666, H.D. 1, S.D. 1, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

 

____________________________ CLAYTON HEE, Chair		____________________________ JOSEPH M. SOUKI, Co-Chair
____________________________ MAILE SHIMABUKURO, Co-Chair		____________________________ KARL RHOADS, Co-Chair
____________________________ MIKE GABBARD, Co-Chair