Report Title:

Pathological Intoxication

 

Description:

Limits pathological intoxication to intoxication that is caused by the introduction, into the body, of alcohol or of legal drugs.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

389

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PATHOLOGICAL INTOXICATION.

 

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

SECTION 1. Section 702-230, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows:

"(5) In this section:

(a) "Intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body;

(b) "Self-induced intoxication" means intoxication caused by substances [which] that the defendant knowingly introduces into the defendant's body, the tendency of which to cause intoxication the defendant knows or ought to know, unless the defendant introduces them pursuant to medical advice or under such circumstances as would afford a defense to a charge of a penal offense;

(c) "Pathological intoxication" means intoxication that:

(i) Is not caused, either in whole or in part, by the introduction into the body of any controlled substance as defined in section 329-1;

(ii) Is grossly excessive in degree, given the amount of the intoxicant, to which the defendant does not know the defendant is susceptible; and [which results]

(iii) Results from a pre-existing physical abnormality of the defendant."

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 Statutory material to be repealed is bracketed and stricken.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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