Report Title:

Electronically Recorded Information; Traffic Citations

Description:

Allows copies of summons and citations to be electronically recorded, maintained, and transmitted.

THE SENATE

S.B. NO.

1315

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SUMMONS AND CITATIONS.

 

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

SECTION 1. Section 286-10, Hawaii Revised Statutes, is amended to read as follows:

"[[]§286-10[]] Arrest or citation. (a) Except when an enforcement officer authorized to enforce the provisions of this chapter is required by [state] law to take immediately before a district judge a person arrested for violation of any provision of this chapter[,] including any rule adopted pursuant to this chapter, [any person authorized to enforce the provisions of this chapter, hereinafter referred to as enforcement officer,] upon arresting [a] that person [for violation of any provision of this chapter, including any rule adopted pursuant to this chapter], the enforcement officer shall issue to the alleged violator a summons or citation printed in the form hereinafter described, warning the alleged violator to appear and answer to the charge against the alleged violator at a certain place and at a time within seven days after such arrest.

An enforcement officer is any person authorized to enforce the provisions of this chapter.

(b) The summons or citation shall be printed in a form comparable to the form of other summonses and citations used for arresting offenders and shall be designed to provide for inclusion of all necessary information. The form and content of such summons or citation shall be adopted or prescribed by the district courts.

(c) The original of a summons or citation shall be given to the alleged violator and the other copy [or copies] distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution of the original and any other copy[.], including providing a copy of a summons or citation that is electronically recorded, maintained, and transmitted, the manner and form of which shall be adopted or prescribed by the district courts.

(d) [Summonses] The summons and [citations] citation shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.

(e) Any person who fails to appear at the place and within the time specified in the summons or citation issued to the person by the enforcement officer upon the person's arrest for violation of any provision of this chapter, including any rule adopted pursuant to this chapter, shall be guilty of a misdemeanor.

(f) If any person fails to comply with a summons or citation issued to such person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against such person and secure the issuance of a warrant for the person's arrest.

(g) When a complaint is made to any prosecuting officer of the violation of any provision of this chapter, including any rule adopted hereunder, the enforcement officer who issued the summons or citation shall subscribe to it under oath administered by another official of the department of transportation whose name has been submitted to the prosecuting officer and who has been designated by the director to administer the same."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2005-2006, for a pilot project for the implementation of this Act.

SECTION 3. The sum appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that section 1 of this Act shall be repealed on January 1, 2007, and section 286-10, Hawaii Revised Statutes, is reenacted in the form in which it read on the day prior to the effective date of this Act.

INTRODUCED BY:

_____________________________