Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1119
                                        S.D. 1

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Judiciary, to which was referred S.B. No.
1119 entitled: 


begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is

     (1)  Amend the offense of murder in the first degree to make
          any knowing or intentional killing, murder in the first

     (2)  Change the offense of murder in the second degree from
          intentionally or knowingly causing the death of another
          to the reckless killing of another under circumstances
          manifesting extreme indifference to human life or the
          killing of another while in the commission of a felony;

     (3)  Provide that the defense of extreme mental or emotional
          disturbance will be an affirmative partial defense,
          which reduces the severity of the offense charged by
          one level.

     Your Committee finds that Hawaii's most severe sanction,
life without parole, should be applied to those who commit the
ultimate heinous crime of killing another person.  However, your
Committee further finds that the offense of murder in the first

                                   STAND. COM. REP. NO. 901
                                   Page 2

degree only applies in situations where a person intentionally or
knowingly causes the death of a select group of people.  This
bill would make any intentional or knowing killing murder in the
first degree.

     In addition, your Committee finds that in order to obtain a
murder conviction, in addition to the other elements of murder,
the prosecution is required to prove beyond a reasonable doubt
that the defendant does not suffer from any extreme mental or
emotional disturbance if the defendant has raised this issue.
Your Committee believes that it is only proper that the defendant
should have the burden to prove that the defendant was under the
influence of extreme mental or emotional disturbance.  Therefore,
your Committee has chosen to adopt the provision that makes the
extreme mental and emotional defense an affirmative defense.

     Testimony in support of this measure was submitted by the
Department of the Attorney General, the Department of the
Prosecuting Attorney of the City and County of Honolulu, the
Department of the Prosecuting Attorney of the County of Maui, the
Honolulu Police Department, the Hawaii County Police Department,
and the Community Coalition of Neighborhood Safety.  Testimony in
opposition to this measure was submitted by the Office of the
Public Defender.

     Upon further consideration, your Committee has amended this
bill by deleting the provision relating to the felony-murder

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
1119, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as S.B. No. 1119, S.D. 1, and
be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,

                                   AVERY B. CHUMBLEY, Co-Chair

                                   MATTHEW M. MATSUNAGA, Co-Chair