REPORT TITLE:
Homicide


DESCRIPTION:
Creates an affirmative defense for extreme mental or emotional
disturbance.  (SB1119 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1119
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HOMICIDE.



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

 1      SECTION 1.  Section 707-702, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "707-702  Manslaughter.(1)  A person commits the offense
 
 4 of manslaughter if:
 
 5      (a)  [He] The person recklessly causes the death of another
 
 6           person; or
 
 7      (b)  [He] The person intentionally causes another person to
 
 8           commit suicide.
 
 9      (2)  In a prosecution for murder in the first and second
 
10 degrees it is [a] an affirmative defense, which reduces the
 
11 offense to manslaughter, that the defendant was, at the time [he]
 
12 the defendant caused the death of the other person, under the
 
13 influence of extreme mental or emotional disturbance for which
 
14 there is a reasonable explanation.  The reasonableness of the
 
15 explanation shall be determined from the viewpoint of a person in
 
16 the defendant's situation under the circumstances as [he] the
 
17 defendant believed them to be.
 
18      (3)  Manslaughter is a class A felony."
 
19      SECTION 2.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 

 
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 1      SECTION 3.  This Act shall take effect on ______________.