REPORT TITLE:
Dist. Ct.; Traffic


DESCRIPTION:
Creates procedure for the issuance of summons and bench warrants
where any person fails to pay a monetary assessment for a traffic
violation.  (CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        921
THE SENATE                              S.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                C.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DISTRICT COURT.


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

 1      SECTION 1.  Section 291D-10, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]�291D-10[]]  Failure to pay monetary assessment; penal
 
 4 summons; bench warrant; [Restriction] restriction on driver's
 
 5 license and motor vehicle registration.  (a)  In addition to the
 
 6 restrictions provided in subsection (c) and (d), when a person
 
 7 fails to pay a default judgment on any traffic infraction, the
 
 8 court shall issue a penal summons directing that person to appear
 
 9 before the court.  If the person has not paid all assessments,
 
10 including penalties and costs, and fails to appear before the
 
11 court at the place and within the time specified in a penal
 
12 summons, the court shall issue a bench warrant for the immediate
 
13 arrest of the person to bring the person before the court.  If a
 
14 judgment was entered pursuant to an answer, the court shall issue
 
15 a bench warrant on failure to pay as directed by the judgment.
 
16 Nothing in this section shall be construed to affect the power of
 
17 the court to regulate its proceedings and to punish any person
 
18 whose failure to appear delays proceedings before the court.
 

 
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 1      (b)  Upon appearing before the court pursuant to subsection
 
 2 (a), if the person claims inability to pay, the person shall,
 
 3 while under oath, be required to:
 
 4      (1)  Explain the reasons for nonpayment of the monetary
 
 5           assessment; and
 
 6      (2)  Fully disclose the person's finances to establish the
 
 7           person's ability to pay the monetary assessment.
 
 8 In addition to any other remedy provided by law, the court may
 
 9 proceed as provided under section 706-644, and may do so without
 
10 the need to charge the person responding to the summons or bench
 
11 warrant with contempt of court.  The court may assess the cost of
 
12 any summons or bench warrant.  If the court determines that there
 
13 was good cause for the person's failure to pay, the court may
 
14 allow additional time not to exceed sixty days for payment of the
 
15 monetary assessment and any other assessments imposed pursuant to
 
16 section 291D-9.  If the person refuses to pay the assessments or
 
17 fails to pay after the time allowed by the court expires, the
 
18 monetary assessments and any other assessments shall be
 
19 considered delinquent.  Upon initial delinquency, the attorney
 
20 general shall initiate civil proceedings to collect the
 
21 delinquent assessments pursuant to section 291C-171.5.
 
22      [(a)] (c)  When the person issued a notice of traffic
 
23 infraction not involving parking fails to pay a monetary
 
24 assessment that has been ordered, the court shall cause an entry
 
25 to be made in the driver's license record so as to prevent the
 

 
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 1 person whose assessment is outstanding from acquiring or renewing
 
 2 the person's driver's license until the outstanding assessment is
 
 3 paid or the notice of traffic infraction is otherwise disposed of
 
 4 pursuant to this chapter.
 
 5      [(b)] (d)  In all cases where the registered owner of a
 
 6 motor vehicle to which a notice of traffic infraction has been
 
 7 issued fails to pay any monetary assessments that have been
 
 8 ordered, the court shall cause an entry to be made in the motor
 
 9 vehicle's record so as to prevent issuance or renewal of the
 
10 motor vehicle's certificate of registration and transfer of title
 
11 to the motor vehicle until the outstanding assessment is paid or
 
12 the notice of traffic infraction is otherwise disposed of
 
13 pursuant to this chapter."
 
14      SECTION 2.  This Act does not affect rights and duties that
 
15 matured, penalties that were incurred, and proceedings that were
 
16 begun, before its effective date.
 
17      SECTION 3.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 4.  This Act shall take effect upon its approval.