Bill Text: HI SB2517 | 2012 | Regular Session | Amended
Bill Title: Traffic Abstracts; Confidentiality; District Courts
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2012-02-02 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB2517 Detail]
Download: Hawaii-2012-SB2517-Amended.html
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THE SENATE |
S.B. NO. |
2517 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TRAFFIC VIOLATION RECORDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 287-3, Hawaii Revised Statutes, is amended to read as follows:
"§287-3 Furnishing of operating records. (a) The traffic violations bureaus of the district courts, upon request, shall furnish any person a certified abstract of the bureaus' record, if any, of any person relating to all alleged moving violations and any convictions resulting therefrom, arising from the operation of a motor vehicle and any administrative license revocation pursuant to chapter 291E, part III and chapter 286, part XIV, as it was in effect on or before December 31, 2001.
The traffic violations bureaus may collect a fee, not to exceed $20, of which $18 shall be deposited into the general fund and $2 shall be deposited into the judiciary computer system special fund.
(b) Notwithstanding any provision to the contrary, all alleged moving violations as well as any convictions resulting therefrom or any administrative license suspension pursuant to chapter 291A shall not be included in a certified abstract of the bureaus' record.
(c) Notwithstanding any provision to the contrary, beginning on December 1, 2012, all alleged moving violations for which the disposition of the violation was "dismissed with prejudice" or "not guilty", or which occurred more than ten years prior to the date of the request for the abstract, shall not be included in a certified abstract of the bureaus' record; provided that this subsection shall not apply to a certified abstract of a commercial driver licensed pursuant to part XIII, chapter 286."
SECTION 2. The traffic violations bureaus of the district courts shall not grant any person access to the traffic violation record of any person, in any form, including an electronic traffic violation record available through a website approved by the State of Hawaii, unless the person requesting the information provides the state driver's license number or social security number of the person for whom the traffic violation record is sought.
SECTION 3. (a) Information relating to all alleged moving violations for which the disposition of the violation was "dismissed with prejudice" or "not guilty", or which occurred more than ten years prior to the date of the request for the abstract, shall be confidential; provided that information relating to all alleged moving violations of a commercial driver licensed pursuant to part XIII, chapter 286, Hawaii Revised Statutes, shall not be confidential.
(b) A person who discloses confidential information in violation of this section shall be fined not more than $500 for each separate disclosure. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.
(c) The department of the attorney general shall investigate all alleged disclosures of confidential information for purposes of the enforcement of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Traffic Abstracts; Confidentiality; District Courts
Description:
Beginning on December 1, 2012, requires the removal of certain certified traffic abstracts records of all alleged moving violations for which the disposition of the case was "dismissed with prejudice" or "not guilty", or that occurred more than ten years prior to the date of the request for the abstract, with exceptions. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
