REPORT TITLE:
Murder; Affirmative Defenses


DESCRIPTION:
Revises the statutory elements of murder and revises the extreme
mental or emotional disturbance defense.  (SD1)

 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
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 707-701, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (1) to read as follows:
 
 3      "(1)  [A person commits the offense of murder in the first
 
 4 degree if the person intentionally or knowingly causes the death
 
 5 of:
 
 6      (a)  More than one person in the same or separate incident;
 
 7      (b)  A peace officer, judge, or prosecutor arising out of
 
 8           the performance of official duties;
 
 9      (c)  A person known by the defendant to be a witness in a
 
10           criminal prosecution;
 
11      (d)  A person by a hired killer, in which event both the
 
12           person hired and the person responsible for hiring the
 
13           killer shall be punished under this section; or
 
14      (e)  A person while the defendant was imprisoned.]  A person
 
15 who causes the death of another person commits murder in the
 
16 first degree if, in performing the acts that cause the death:
 
17      (a)  The person either intends to cause the death of that
 
18           person or do serious bodily injury to that person, or
 
19           knows that such acts will cause the death of that
 
20           person; or
 

 
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 1      (b)  The person knows that such acts create a strong
 
 2           probability of death or serious bodily injury to that
 
 3           person."
 
 4      SECTION 2.  Section 707-701.5, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]707-701.5[]]  Murder in the second degree.  (1)
 
 7 [Except as provided in section 707-701, a] A person commits the
 
 8 offense of murder in the second degree if the person
 
 9 [intentionally or knowingly causes the death of another person.]
 
10 recklessly causes the death of another person under circumstances
 
11 manifesting extreme indifference to the value of human life.
 
12      (2)  In a prosecution for murder in the first degree it is
 
13 an affirmative defense, which reduces the offense to murder in
 
14 the second degree, that the defendant was, at the time the
 
15 defendant caused the death of the other person, under the
 
16 influence of extreme mental or emotional disturbance causing a
 
17 temporary loss of self-control for which there is a reasonable
 
18 explanation.  The reasonableness of the explanation shall be
 
19 determined from the viewpoint of a reasonable person in the
 
20 circumstances as the defendant believed them to be.
 
21      [(2)] (3) Murder in the second degree is a felony for which
 
22 the defendant shall be sentenced to imprisonment as provided in
 
23 section 706-656."
 

 
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 1      SECTION 3.  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] degree it is [a] an affirmative defense, which reduces
 
11 the offense to manslaughter, that the defendant was, at the time
 
12 [he] the defendant caused the death of the other person, under
 
13 the influence of extreme mental or emotional disturbance causing
 
14 a temporary loss of self-control for which there is a reasonable
 
15 explanation.  The reasonableness of the explanation shall be
 
16 determined from the viewpoint of a reasonable person in the
 
17 [defendant's situation under the] circumstances as [he] the
 
18 defendant believed them to be.
 
19      (3)  Manslaughter is a class A felony."
 
20      SECTION 4.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 5.  This Act shall take effect upon its approval. 
 
23      
 

 
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