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SB2695
THE SENATE
S.B. NO.
2695
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to pedestrian Safety
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
�
The legislature finds that Hawaii has
experienced persistently high levels of traffic-related fatalities over recent
years, with pedestrians representing a disproportionate and growing share of
those deaths.
�
In recent years,
pedestrians have accounted for a significant percentage of all traffic
fatalities statewide, reflecting a sustained pattern of vulnerability for individuals
walking along Hawaii's roadways.
�
Many of
the fatalities and serious injuries suffered by pedestrians have occurred while
individuals were lawfully using marked or unmarked crosswalks, including in
residential neighborhoods, school-adjacent areas, and other locations with
regular pedestrian activity.
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The legislature further finds that
the State, through the department of transportation and in coordination with
county governments, has committed to reducing traffic deaths and serious
injuries through comprehensive roadway safety planning consistent with vision
zero principles, which recognize that traffic fatalities are preventable and
that roadway systems must prioritize the safety of the most vulnerable road
users.
�
These commitments emphasize safer
speeds, safer streets, safer behavior, and clearer legal standards governing
driver conduct.
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The legislature also finds that
walking is a fundamental, equitable, and environmentally sustainable mode of
transportation and that residents and visitors cannot reasonably be expected to
walk, access public transit, or support sustainable transportation goals unless
pedestrians are afforded clear, enforceable, and meaningful legal protections
when crossing public roadways.
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The legislature additionally finds
that section 291C-72, Hawaii Revised Statutes, while requiring drivers to stop
for pedestrians in crosswalks, lacks sufficient specificity regarding when the
duty to stop is triggered and how long a driver must remain stopped, creating
ambiguity that undermines enforcement, accountability, and compliance.
�
Other jurisdictions with better pedestrian
safety outcomes, such as Oregon and Washington state, have adopted explicit "stop
and remain stopped" standards and lane-based trigger points that clearly
allocate responsibility to the operator of the motor vehicle, which is the
heavier and more dangerous instrument.
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Furthermore, the legislature finds
that children walking to and from school, older adults, and individuals with
visual impairments face heightened risk and require enhanced statutory
protections, particularly in school zones and other high-pedestrian-use areas.
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Existing penalties for crosswalk violations
may be insufficient to deter dangerous driving behavior and do not adequately
reflect the severity of harm caused when violations result in serious bodily
injury.
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Accordingly, the purpose of this Act
is to advance the State's traffic safety and vision zero�aligned commitments by:
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(1)
�
Clarifying driver obligations at crosswalks;
establishing a clear and enforceable duty to stop and remain stopped for
pedestrians;
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(2)
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Strengthening penalties for violations, particularly
in school zones;
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(3)
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Creating additional criminal penalties when
violations cause bodily injury; and
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(4)
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Providing heightened protections for blind and
visually impaired pedestrians in order to reduce preventable deaths and serious
injuries on Hawaii's roadways.
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SECTION 2.
�
Chapter 707, Hawaii Revised Statutes, is
amended by adding three new sections to be appropriately designated and to read
as follows:
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"
�707-
�
Negligent
injury to a pedestrian in a crosswalk in the first degree.
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(1)
�
A person commits the offense of negligent
injury to a pedestrian in a crosswalk in the first degree if that person
negligently operates a motor vehicle within the area of a marked or unmarked
crosswalk and causes serious bodily injury to a pedestrian who is lawfully
within the crosswalk.
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(2)
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Negligent injury
to a pedestrian in a crosswalk
in the first degree is a class C
felony.
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(3)
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The penalties under this section shall be in
addition to any other penalties under chapter 291C.
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�707-
�
Negligent injury to a pedestrian in a
crosswalk in the second degree.
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(1)
�
A person commits the offense of negligent
injury
to a pedestrian in a crosswalk
in the second degree if that person
negligently operates a motor vehicle within the area of a marked or unmarked
crosswalk and causes bodily injury to a pedestrian who is lawfully within the
crosswalk.
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(2)
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Negligent injury
to a pedestrian in a crosswalk
in the second degree is a
misdemeanor.
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(3)
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The penalties under this section shall be in
addition to any other penalties under chapter 291C.
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�707-
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Failure to stop for a blind or visually impaired
pedestrian.
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(1)
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A person commits the offense of failure to stop for a blind or visually impaired
pedestrian if that person does not stop and remain stopped for a blind or
visually impaired pedestrian who is crossing at any crosswalk or roadway.
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(2)
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Failure
to stop for a blind or visually impaired pedestrian is a misdemeanor that shall
be punishable by:
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(a)
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A fine of no
less than $500 and no more than $1,000;
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(b)
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Imprisonment of
no more than six months; or
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(c)
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Both.
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(3)
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As
used in this section, "blind or visually impaired pedestrian" means a
blind or visually impaired person who is carrying or using an exposed cane or
walking stick that is painted white in color or painted white tipped with red,
or a person who is blind or visually impaired and using a guide dog.
"
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SECTION
3
.
�
Section 291C-72, Hawaii Revised Statutes, is
amended to read as follows:
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"
�291C-72
�
Pedestrians' right-of-way
in crosswalks.
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(a)
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The driver of a vehicle shall stop
and
remain stopped to allow
[
for
] a pedestrian who is crossing the
roadway within a crosswalk when the pedestrian is [
either:
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(1)
�
Upon the half
of the roadway upon which the vehicle is traveling; or
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(2)
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Approaching the
vehicle so closely from the opposite half of the roadway as to be in danger,
]
upon, entering, or within one lane of the half of the roadway upon which the
vehicle is traveling or onto which the vehicle is turning,
and
shall not proceed until the pedestrian has passed the vehicle
and has
cleared the lane of travel and any adjacent lane into which the vehicle would
proceed,
and the driver can safely proceed.
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For
roadways consisting of a single lane of travel in each direction, a pedestrian
who is upon or entering a crosswalk shall be deemed to be within one lane of
the half of the roadway upon which the vehicle is traveling.
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For purposes of this section,
"a pedestrian who is crossing the roadway within a crosswalk" occurs
when any part or extension of the pedestrian, including any part of the
pedestrian's body, wheelchair, cane, crutch, or bicycle, is beyond the curb or
edges of the traversable roadway and moves onto the roadway within an
intersection or crosswalk.
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(b)
�
No pedestrian shall suddenly leave a curb or other place of safety and
walk or run into the path of a vehicle which is so close that it is impossible
for the driver to yield.
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(c)
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Subsection (a) shall not apply under the conditions stated in section
291C-73(b).
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(d)
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Whenever any vehicle is stopped at a marked crosswalk or at any unmarked
crosswalk at an intersection to permit a pedestrian to cross the roadway, the
driver of any other vehicle approaching from the rear shall not overtake and
pass the stopped vehicle.
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(e)
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Every person who violates this section shall be subject to the following
penalties:
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(1)
�
For a first
infraction, or any infraction not preceded within one year by a prior violation
of this section, a fine of [
$150;
]
$250;
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(2)
�
For an infraction
that occurs within one year of a prior violation of this section, a fine of [
$300
]
$500
and revocation of the person's driver's license and privilege to
operate a vehicle for a period of ninety days; and
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(3)
�
For an infraction
that occurs within two years of two prior violations of this section, and for
the fourth and each additional infraction of this section, regardless of when
committed, a fine of [
$1,000,
]
$1,500,
and revocation
of the person's driver's license and privilege to operate
a vehicle
for a period of one hundred eighty days.
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(f)
�
Any violation of this section that occurs
within a school zone shall be subject to double the applicable penalty in
subsection (e), including fines and revocation of the person's driver's license
and privilege to operate a vehicle.
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As used in this subsection, "school
zone" has the same meaning as in 291C-104.
"
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SECTION 4.
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If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.
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SECTION
5.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 6.
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This Act shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
Pedestrian
Safety; Crosswalks
Description:
Clarifies
driver's obligations at crosswalks.
�
Requires drivers to stop and remain stopped for pedestrians in
crosswalks.
�
Strengthens penalties for traffic
violations, particularly in school zones.
�
Creates additional criminal penalties when pedestrians suffer bodily
injury.
�
Provides heightened protections
for blind and visually impaired pedestrians.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.