Bill Text: HI HB2526 | 2024 | Regular Session | Amended
Bill Title: Relating To Motor Vehicles.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Enrolled) 2024-04-19 - Received notice of House agreement and passage on Final Reading (Hse. Com. No. 772). [HB2526 Detail]
Download: Hawaii-2024-HB2526-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2526 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MOTOR VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 as follows,
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 or more 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 as follows,
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 or more 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, 3000; 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.
Report Title:
Vehicles; Driving; Highways; Operating; Licenses; Penalties
Description:
Increases penalties for certain offenses relating to the unauthorized driving or operation of motor vehicles. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
