REPORT TITLE:
Traffic Violation


DESCRIPTION:
Requires both a mental state and an act in the petty misdemeanor
of inattentive driving.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.16         
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO TRAFFIC VIOLATIONS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  On its face, the offense of inattention to
 
 2 driving appears to be a crime of strict liability.  While most
 
 3 criminal offenses require proof that the defendant acted
 
 4 intentionally, knowingly, recklessly, or negligently, a
 
 5 conviction for inattention to driving appears to be possible
 
 6 without proof of any negligence.  However, in State v. Reyes, 57
 
 7 Hawai`i 533, 560 P.2d 114 (1977), the supreme court of Hawai`i
 
 8 interpreted the statute as requiring proof of negligence.  The
 
 9 purpose of this Act is to clarify the statutory intent.
 
10      SECTION 2.  Section 291-12, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "�291-12  Inattention to driving.  Whoever operates any
 
13 vehicle without due care [or] and in a manner as to cause a
 
14 collision with, or injury or damage to, as the case may be, any
 
15 person, vehicle or other property shall be fined not more than
 
16 $500 or imprisoned not more than thirty days, or both."
 
17      SECTION 3.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 

 
Page 2                                                     
                                     H.B. NO.16         
                                                        
                                                        

 
 1      SECTION 4.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________