HOUSE OF REPRESENTATIVES

H.B. NO.

2488

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to criminal vehicular conduct.

 

 

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

 


     SECTION 1.  The legislature finds that on the evening of April 24, 2016, Kaulana Matthew Auwae Werner was struck and killed by a motor vehicle.  The driver of the motor vehicle fled the scene of the accident but was found a half-mile away, allegedly trying to tow her vehicle away.  The driver was subsequently charged with the two class B felony offenses of negligent homicide in the first degree (section 707-702.5) and failure to stop at the scene of an accident involving death or serious bodily injury (section 291C-12). 

     However, the legislature finds that even if convicted of both crimes, under current law the perpetrator of crimes like those that killed Kaulana Werner would face no minimum prison sentence.  Despite a maximum sentence of ten years for each felony, in practice the perpetrator could be released by the parole board in as little as a single year.  The legislature finds that this potential punishment is too lenient, and sends the wrong message to our communities. 

     The legislature finds that the streets of our State should be safe for all.  Yet our streets continue to be plagued by serious criminal conduct behind the wheel, including negligent homicides committed under the influence of drugs and alcohol.  Where such conduct also involves a hit-and-run, it is especially heinous.  Because the cruel decision not to stop and render aid after a catastrophic collision can easily intensify a victim's suffering, and the suffering of their family, it should also enhance the punishment the perpetrator receives.  The State must send a strong message that hit-and-run vehicular homicides are unacceptable to society and will be strictly punished. 

     The legislature finds that the minimum length of imprisonment should therefore not be left within the discretion of the parole board in a case where a person is convicted concurrently of both negligent homicide in the first degree and failing to stop at the scene of an accident.  Instead, a statutory mandatory minimum term of imprisonment should apply. 

     The purpose of this Act is to create a mandatory ten-year minimum term of imprisonment for any person who is convicted concurrently of violating both section 707-702.5 (negligent homicide in the first degree) and section 291C-12 (failure to stop).  In addition, the word "accident" is replaced with the word "collision" in section 291C-12 to avoid potential ambiguity.  Similar replacements are made for the word "accident" in sections 291C-12.5, 291C-12.6, 291C-13, 291C-14, and 291C-15 for consistency. 

     SECTION 2.  Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§706-    Sentence of imprisonment for vehicular crimes involving death of a victim.  Notwithstanding section 706-669, a person shall, in addition to the indeterminate terms of imprisonment, be sentenced to a mandatory minimum term of imprisonment without the possibility of parole for a term of ten years if the person is convicted concurrently of negligent homicide in the first degree under section 707-702.5 and of failure to stop under section 291C-12."

     SECTION 3.  Section 291C-12, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-12  [Accidents] Collisions involving death or serious bodily injury.  (a)  The driver of any vehicle involved in [an accident] a collision resulting in serious bodily injury to or death of any person shall immediately stop the vehicle at the scene of the [accident] collision or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the [accident] collision until the driver has fulfilled the requirements of section 291C-14.  Every such stop shall be made without obstructing traffic more than is necessary.

     (b)  Any person who violates subsection (a) shall be guilty of a class B felony.

     (c)  The license or permit to drive and any nonresident operating privilege of the person so convicted shall be revoked.

     (d)  For any violation under this section, a surcharge of $500 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

     (e)  For any violation under this section, a surcharge of up to $500 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund."

     SECTION 4.  Section 291C-12.5, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-12.5  [Accidents] Collisions involving substantial bodily injury.  (a)  The driver of any vehicle involved in [an accident] a collision resulting in substantial bodily injury to any person shall immediately stop the vehicle at the scene of the [accident] collision or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the [accident] collision until the driver has fulfilled the requirements of section 291C-14.  Every such stop shall be made without obstructing traffic more than is necessary.

     (b)  Any person who violates subsection (a) shall be guilty of a class C felony.

     (c)  For any violation under this section, a surcharge of $250 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

     (d)  For any violation under this section, a surcharge of up to $250 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund."

     SECTION 5.  Section 291C-12.6, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-12.6  [Accidents] Collisions involving bodily injury.  (a)  The driver of any vehicle involved in [an accident] a collision resulting in bodily injury to any person shall immediately stop the vehicle at the scene of the [accident] collision or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the [accident] collision until the driver has fulfilled the requirements of section 291C-14.  Every such stop shall be made without obstructing traffic more than is necessary.

     (b)  Any person who violates subsection (a) shall be guilty of a misdemeanor.

     (c)  For any violation under this section, a surcharge of $100 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

     (d)  For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund."

     SECTION 6.  Section 291C-13, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-13  [Accidents] Collisions involving damage to vehicle or property.  The driver of any vehicle involved in [an accident] a collision resulting only in damage to a vehicle or other property that is driven or attended by any person shall immediately stop such vehicle at the scene of the [accident] collision or as close thereto as possible, but shall forthwith return to, and in every event shall remain at, the scene of the [accident] collision until the driver has fulfilled the requirements of section 291C-14.  Every such stop shall be made without obstructing traffic more than is necessary.  For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund."

     SECTION 7.  Section 291C-14, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-14  Duty to give information and render aid.  (a)  The driver of any vehicle involved in [an accident] a collision resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give the driver's name, address, and the registration number of the vehicle the driver is driving, and shall upon request and if available exhibit the driver's license or permit to drive to any person injured in the [accident] collision or to the driver or occupant of or person attending any vehicle or other property damaged in the [accident] collision and shall give such information and upon request exhibit such license or permit to any police officer at the scene of the accident or who is investigating the [accident] collision and shall render to any person injured in the [accident] collision reasonable assistance, including the carrying, or the making of arrangements for the carrying, of the person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person; provided that if the vehicle involved in the [accident] collision is a bicycle, the driver of the bicycle need not exhibit a license or permit to drive.

     (b)  In the event that none of the persons specified is in condition to receive the information to which they otherwise would be entitled under subsection (a), and no police officer is present, the driver of any vehicle involved in the [accident] collision after fulfilling all other requirements of section 291C-12, 291C-12.5, or 291C-12.6, and subsection (a) of this section, insofar as possible on the driver's part to be performed, shall forthwith report the [accident] collision to the nearest police officer and submit thereto the information specified in subsection (a).

     (c)  For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund. "

     SECTION 8.  Section 291C-15, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-15  Duty upon striking unattended vehicle or other property.  The driver of any vehicle which collides with or is involved in [an accident] a collision with any vehicle or other property which is unattended resulting in any damage to the other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of the driver's name, address, and the registration number of the vehicle the driver is driving or shall attach securely in a conspicuous place in or on such vehicle or other property a written notice giving the driver's name, address, and the registration number of the vehicle the driver is driving and shall without unnecessary delay notify the nearest police office.  Every such stop shall be made without obstructing traffic more than is necessary.  For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund."

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Negligent Homicide; Failure to Stop at Scene; Drunk Driving; Mandatory Minimum Term of Imprisonment

 

Description:

Creates a mandatory ten-year minimum term of imprisonment for any person who is convicted concurrently of violating both section 707-702.5 (negligent homicide in the first degree) and section 291C-12 (failure to stop).  Replaces the term "accident" with "collision" to avoid potential ambiguity. 

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.