REPORT TITLE:
Penal Responsibility


DESCRIPTION:
Makes insanity defense inapplicable when the physical or mental
disease, disorder, or defect causing a person to lack substantial
capacity is caused or triggered by the voluntary ingestion or use
of any intoxicating liquor or controlled substance, unless
prescribed by a licensed physician, osteopath, podiatrist, or
dentist.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           937
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PENAL RESPONSIBILITY.



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

 1      SECTION 1.  Section 704-400, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "704-400  Physical or mental disease, disorder, or defect
 
 4 excluding penal responsibility.(1)  [A] Except as otherwise
 
 5 provided in this section, a person is not responsible, under this
 
 6 Code, for conduct if, at the time of the conduct and as a result
 
 7 of physical or mental disease, disorder, or defect, the person
 
 8 lacks substantial capacity either to appreciate the wrongfulness
 
 9 of the person's conduct or to conform the person's conduct to the
 
10 requirements of law.
 
11      (2)  Notwithstanding any other law to the contrary,
 
12 subsection (1) shall not apply when any physical or mental
 
13 disease, disorder, or defect is caused or triggered by the
 
14 voluntary ingestion or use of any intoxicating liquor or
 
15 controlled substance, as defined in section 329-1, unless
 
16 prescribed by an individual licensed or otherwise authorized to
 
17 practice:  medicine and surgery under chapter 453; osteopathy and
 
18 surgery under chapter 460; podiatric medicine under chapter 463E;
 
19 or dentistry under chapter 448.
 

 
Page 2                                                     
                                     S.B. NO.           937
                                                        
                                                        

 
 1      [(2)] (3)  As used in this chapter, the [terms] term
 
 2 "physical or mental disease, disorder, or defect" [do] does not
 
 3 include an abnormality manifested only by repeated penal or
 
 4 otherwise anti-social conduct."
 
 5      SECTION 2.  This Act does not affect rights and duties that
 
 6 matured, penalties that were incurred, and proceedings that were
 
 7 begun, before its effective date.
 
 8      SECTION 3.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 4.  This Act shall take effect upon its approval.
 
11 
 
12                           INTRODUCED BY:_________________________