Report Title:

Penal Responsibility; Fitness to Proceed

 

Description:

Amends definition of "physical or mental disease, disorder, or defect" to exclude abnormalities that are attributable to the voluntary ingestion of alcohol or any other psychoactive substance.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

323

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to penal responsibilty.

 

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

SECTION 1. Section 704-400, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"(2) As used in this chapter, the [terms] term "physical or mental disease, disorder, or defect" [do not include an abnormality] includes only those severely abnormal mental or physical conditions that:

(a) Are not attributable to the person's voluntary ingestion of alcohol or any controlled substance as defined in section 329-1; and

(b) Are not manifested only by repeated penal or otherwise anti-social conduct."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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