Crash highlights
speeding debateSome legislators want to make
speeding a crime, but others cite
procedural obstacles
The four people killed in yesterday's H-1 crash weighed on the minds of state lawmakers who considered bills to criminalize excessive speeding.
State senators observed a moment of silence for the victims at the end of their session yesterday.
"Preliminary indications say probably these cars were either racing or speeding. Maybe it will re-energize us and our desire to do something about curtailing these activities," said Sen. Cal Kawamoto (D, Waipahu), chairman of the Senate Transportation, Military Affairs and Government Operations Committee.
Proposals moving through the Legislature would criminalize speeding. Kawamoto's committee approved one bill that would make speeding 30 mph over the speed limit a Class C felony. Other proposals would make speeding either 25 mph over the speed limit or 80 mph a petty misdemeanor and expand the definition of negligent homicide in the second degree, a Class C felony, to include causing the death of another person by driving 30 mph or more over the speed limit.
In the Senate, the bills will have to go through the Judiciary and Hawaiian Affairs Committee chaired by Sen. Colleen Hanabusa (D, Nanakuli-Makua), who does not favor criminalizing speeding.
She said making speeding a crime raises the burden of proof for the prosecution and will take police officers off the road to testify in trials.
"Even for petty misdemeanor, (the standard is) beyond a reasonable doubt. So (police) have to actually tail (suspected speeders) for a while so that they can testify, and they have to have identification. It's not going to be easy," Hanabusa said.
The House Transportation Committee approved a measure to criminalize speeding and has moved another bill expanding the definition of negligent homicide in the second degree to another committee.
Committee Chairman Joseph Souki (D, Waihee-Wailuku) said the changes will help discourage speeders, "but it goes back to enforcement." That means having police on the roadways.
He said another form of enforcement could include cameras at fixed locations to catch and discourage speeders.
"Right now the sentiment in the Legislature is not favoring any cameras," Souki said, "but I will bring this up with the Legislature. But I suspect both the House and the Senate are not quite ready for it."
