REPORT TITLE:
School Zone Traffic Penalties


DESCRIPTION:
Increasing penalties for speeding and other traffic violations
within school zones. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO TRAFFIC VIOLATIONS IN SCHOOL ZONES.



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

 1      SECTION 1.  Section 291C-161, Hawaii Revised Statutes, is
 
 2 amended to read as follows: 
 
 3      "�291C-161  Penalties.(a)  It is a violation for any
 
 4 person to violate any of the provisions of this chapter except as
 
 5 otherwise specified in subsection [(c)] (d) of this section and
 
 6 unless the violation is by other law of this State declared to be
 
 7 a felony, misdemeanor, or petty misdemeanor.
 
 8      (b)  Except as provided in subsection [(c)] (d) every person
 
 9 who violates any provision of this chapter for which another
 
10 penalty is not provided shall be fined:
 
11      (1)  Not more than $200 for a first conviction thereof;
 
12      (2)  Not more than $300 for conviction of a second offense
 
13           committed within one year after the date of the first
 
14           offense; and
 
15      (3)  Not more than $500 for conviction of a third or
 
16           subsequent offense committed within one year after the
 
17           date of the first offense;
 
18 provided that upon a conviction for a violation of section
 
19 291C-12, 291C-12.5, 291C-12.6, or 291C-95, the person shall be
 

 
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 1 sentenced in accordance with that section.
 
 2      (c)  Notwithstanding subsection (b), if a violation of
 
 3 section 291C-14, 291C-43, 291C-95, 291C-102, or 291C-103 occurs
 
 4 within one thousand feet of a school zone, the penalty in fines
 
 5 and imprisonment shall be three times that provided in section
 
 6 291C-95, 291C-103, or subsection (b), whichever is applicable.
 
 7      [(c)] (d)  Every person who violates section 291C-13 or
 
 8 291C-18 shall:
 
 9      (1)  Be fined not more than $200 or imprisoned not more than
 
10           ten days for a first conviction thereof;
 
11      (2)  Be fined not more than $300 or imprisoned not more than
 
12           twenty days or both for conviction of a second offense
 
13           committed within one year after the date of the first
 
14           offense; and
 
15      (3)  Be fined not more than $500 or imprisoned not more than
 
16           six months or both for conviction of a third or
 
17           subsequent offense committed within one year after the
 
18           date of the first offense.
 
19      [(d)] (e)  The court may assess a sum not to exceed $50 for
 
20 the cost of issuing a penal summons upon any person who fails to
 
21 appear at the place within the time specified in the citation
 
22 issued to the person for any traffic violation.
 
23      [(e)] (f)  The court may require a person who violates any
 

 
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 1 of the provisions of this chapter to attend a course of
 
 2 instruction in driver retraining as deemed appropriate by the
 
 3 court, in addition to any other penalties imposed."
 
 4      SECTION 2.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 3.  This Act shall take effect on July 1, 2000.