707-702.5 Negligent homicide in the first degree. (1) A person commits the offense of negligent homicide in the first degree if that person causes the death of:

(a) Another person by the operation of a vehicle in a negligent manner while under the influence of drugs or alcohol; or

(b) A vulnerable user by the operation of a vehicle in a negligent manner.

(2) Negligent homicide in the first degree is a class B felony. [L 1988, c 292, pt of 1; am L 2012, c 316, 2]

 

COMMENTARY ON 707-702.5

 

Act 292, Session Laws 1988, added this section to redefine negligent homicide in the first degree. The legislature felt that stronger measures were needed to protect the public and to deter those who negligently operate a motor vehicle while under the influence of alcohol or drugs, which results in bodily injury or death to others. Senate Conference Committee Report No. 278, House Conference Committee Report No. 105-88.

Act 316, Session Laws 2012, amended this section to include a provision for incidents involving a vulnerable highway user. Hawaii's roadways have often been called dangerous for pedestrians, cyclists, and others who legally use the public right of way without being in a motor vehicle.  Unfortunately, when collisions occur between motor vehicles and these individuals, the outcome is often catastrophic.  Amending the offense of negligent homicide in the first degree to include a provision for incidents in which vulnerable highway users are involved may, at the very least, increase driver awareness of these individuals. Conference Committee Report No. 33-12.

 

 

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