Traffic Stop; ID

Authorizes police to arrest persons stopped for traffic
violations who refuse to provide proof of their identification or
who are suspected of providing false or misleading information.

a                                                       r-1b(99)
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that the lack of a penalty
 2 for a violation of section 291C-172, Hawaii Revised Statutes,
 3 severely hampers the ability of law enforcement officials to
 4 carry out their responsibilities.  The effect of Act 214, Session
 5 Laws of Hawaii 1993, which provided for the decriminalization of
 6 many traffic offenses, effective July 1, 1994, has been to
 7 prevent police from correctly identifying persons stopped for
 8 traffic violations.  The problem for law enforcement arises when
 9 officers encounter situations in which they are unable to
10 ascertain the true identity of an individual involved in a
11 traffic stop.  This usually involves individuals who lack a valid
12 driver's license or who are evading detection on an outstanding
13 penal summons, arrest warrant, restraining order, or criminal
14 investigation.  In these instances, the individuals will attempt
15 to conceal their true identity by providing an incomplete,
16 inaccurate, or false information to the police.  Some will often
17 refuse to give any information at all.  Because police are
18 limited in traffic stop situations to issuing citations and
19 summons, they are unable to verify the accuracy of the

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 1 information given by such individuals and must rely on the
 2 information given to them or, in the case where no information is
 3 given, are restricted from taking any action.
 4      The legislature finds that, because of the limited resources
 5 available to law enforcement, the present law places undue
 6 restrictions and impediments to effective law enforcement and
 7 must therefore be changed.  In these cases, the legislature
 8 believes that physical arrest of an individual is justified in
 9 the interest of the public and the officer's safety.
10      The purpose of this Act is to give police the authority to
11 arrest a person for refusing to provide information under the
12 requirements set forth in section 291C-172, Hawaii Revised
13 Statutes, or if there is a reasonable basis for believing that
14 the person is providing inaccurate, deceptive, or misleading
15 information as to the person's identity and residence.
16      SECTION 2.  Section 291C-16, Hawaii Revised Statutes, is
17 amended by amending subsection (C) to read as follows:
18      "(c)  Every person who violates section 291C-13 [or],
19 29lC-18, or 291C-172 shall:
20      (1)  Be fined not more than $200 or imprisoned not more than
21           ten days for a first conviction [thereof];
22      (2)  Be fined not more than $300 or imprisoned not more than
23           twenty days or both for conviction of a second offense

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 1           committed within one year after the date of the first
 2           offense; and
 3      (3)  Be fined not more than $500 or imprisoned not more than
 4           six months or both for conviction of a third or
 5           subsequent offense committed within one year after the
 6           date of the first offense."
 7      SECTION 3.  This Act does not affect rights and duties that
 8 matured, penalties that were incurred, and proceedings that were
 9 begun, before its effective date.
10      SECTION 4.  Statutory material to be repealed is bracketed.
11 New statutory material is underscored.
12      SECTION 5.  This Act shall take effect upon its approval.
14                           INTRODUCED BY:_________________________

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