HOUSE OF REPRESENTATIVES

H.B. NO.

1027

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to decriminalization of traffic infractions within state reserves.

 

 

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

 


SECTION 1.  The legislature has been engaged in an ongoing effort to make resolution of minor criminal offenses, including traffic violations, as simple as possible for the average citizen and to ensure that police, prosecutorial, and judicial resources are focused on the most serious criminal offenses.  Since 1978, the legislature has undertaken comprehensive attempts to adjust the penalties for various minor criminal offenses, particularly those found outside the Hawaii penal code, so that they are more consistent with the nature of the offense, the seriousness with which the offenses are viewed, and the need to deter and prevent commission of such offenses.

For example, Act 222, Session Laws of Hawaii 1978, and Act 214, Session Laws of Hawaii 1993 (Act 214), sought to delete criminal penalties for nonserious traffic offenses.  Many offenses were changed from criminal offenses, which can result in a term of imprisonment, to violations, which are punishable by a maximum fine of $1,000.  These included operating a motor carrier vehicle without a safety inspection decal, leaving vehicles derelict or abandoned, failing to use a triangular emblem on a vehicle designed to move at slow speeds, and most offenses relating to the operation of bicycles.  Act 214 also established a new set of procedural provisions, chapter 291D, Hawaii Revised Statutes, designed to permit persons charged with minor offenses to pay fines by mail and to reduce the amount of time police officers and prosecutors spend in court.

Act 124, Session Laws of Hawaii 2005 (Act 124), called upon the legislative reference bureau to periodically identify, review, and analyze, to the extent possible, state statutes (other than the Hawaii penal code) and rules that establish:

(1)    Criminal offenses specifically denominated as misdemeanors or petty misdemeanors; or

(2)    Criminal offenses that authorize imprisonment or fines in excess of $1,000, or both,

but that involve conduct for which, typically, only a fine is imposed.

Act 124 called upon the judiciary to review the list of offenses developed by the legislative reference bureau and to then "identify any offenses that involve conduct for which, typically, only a fine is imposed and those that most frequently appear before the courts."

Act 124 further required the legislative reference bureau to "contact the state departments or agencies that have jurisdiction over the offenses identified by the judiciary and request their input as to whether and the extent to which the offenses can be decriminalized without undermining their ability to enforce laws within their jurisdiction."  Finally, Act 124, required the legislative reference bureau to "recommend changes to the penalties imposed by the state statutes and rules identified . . . that would make the penalties more consistent with the penalties imposed for decriminalized traffic infractions."

Act 101, Session Laws of Hawaii 2008 (Act 101), was the first effort by the judiciary, various state departments, and the legislative reference bureau to fulfill the mandate of Act 124 to identify minor criminal offenses for which typically only a fine is imposed and which may be decriminalized without undermining the ability of government to enforce laws within its jurisdiction.  Act 101 also modified the procedure under Act 124, by which minor offenses are recommended for decriminalization to require that the judiciary, the legislative reference bureau, executive branch agencies, police, and prosecutors address the procedural implications of decriminalizing minor offenses.  Act 101 also included decriminalization of traffic infractions within the department of land and natural resources' state park system.

The purpose of this Act is to make resolution of minor criminal offenses, including traffic infractions, as simple as possible for the average citizen and to ensure that police, prosecutorial, and judicial resources are focused on the most serious criminal offenses.  This Act decriminalizes traffic infractions within the department of land and natural resources' natural area reserves and forest reserves so that they are consistent with the penalties for similar infractions, established for the state park system by Act 101.

SECTION 2.  Section 183-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§183-5[]]  General administrative penalties.  (a)  Except as otherwise provided by law, the board or its authorized representative may:

     (1)  Set, charge, and collect administrative fines;

     (2)  Bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs and costs associated with land or habitat restoration; and

     (3)  Collect administrative fees and costs pursuant to paragraph (2),

resulting from a violation of this chapter, any rule adopted, or permit issued thereunder.

     (b)  [The] Except as provided in subsection (d), the administrative fines for violation of this chapter shall be as follows:

     (1)  For a first violation, or any violation not preceded within a five-year period by a violation of this chapter, a fine of not more than $2,500 per violation;

     (2)  For a second violation within five years of a previous violation of this chapter, a fine of not more than $5,000 per violation; and

     (3)  For a third or subsequent violation within five years of the last violation of this chapter, a fine of not more than $10,000 per violation.

     (c)  In addition:

     (1)  A fine of up to $10,000 per violation of section 183-17 may be levied for each destroyed or harvested koa tree, or portion thereof, larger than six inches in diameter at ground level; and

(2)    A fine of up to $2,000 per violation of section 183-17 may be levied for each destroyed or harvested tree or plant, other than koa, or portion thereof, larger than six inches in diameter at ground level.

(d)  Any person who violates any rule adopted by the department under this chapter regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein.  A person found to have committed such a traffic infraction shall be fined not more than:

(1)  $100 for a first violation;

(2)  $200 for a second violation; and

(3)  $500 for a third or subsequent violation.

    [(d)] (e)  Any criminal prosecution for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from recovering additional administrative fines, fees, and costs, including attorney's fees and costs.

    [(e)] (f)  No person shall be sanctioned pursuant to this section for the exercise of native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the department pursuant to article [xii,] xii, section 7, of the Hawaii state constitution.

    [(f)] (g)  The department shall submit an annual report outlining the revenues generated by the penalties to the legislature at least twenty days before the convening of each regular session."

SECTION 3.  Section 195-8, Hawaii Revised Statutes, is amended to read as follows:

      "§195-8  Penalty.  (a)  [Any] Except as provided in subsection (b), any person who violates any of the laws and rules applicable to the reserves system, upon conviction thereof, shall be guilty of a misdemeanor and shall be fined not less than $1,000 or imprisoned not more than one year, or both, for each offense.

(b)  Any person who violates any rule adopted by the department under this chapter regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein.  A person found to have committed such a traffic infraction shall be fined not more than:

(1)  $100 for a first violation;

(2)  $200 for a second violation; and

(3)  $500 for a third or subsequent violation.

    [(b)] (c)  Except as otherwise provided by law, the board or its authorized representative by proper delegation is authorized to set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including [attorneys'] attorney's fees and costs; or bring legal action to recover administrative fines, fees, and costs, including [attorneys'] attorney's fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted thereunder.  The administrative fines shall be as follows:

    (1)  For a first violation, a fine of not more than $2,500;

   (2)  For a second violation within five years of a previous violation, a fine of not more than $5,000; and

     (3)  For a third or subsequent violation within five years of the last violation, a fine of not more than $10,000.

   [(c)] (d)  Any criminal action against a person for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person.  Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person."

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.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Traffic Infractions; State Reserve Lands

 

Description:

Decriminalizes traffic infractions within natural area reserves and forest reserves of the Department of Land and Natural Resources.

 

 

 

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