Report Title:

Negligent Homicide

Description:

Amends definition of negligent homicide in the second degree to include death caused by driving more than thirty miles per hour over the speed limit. Clarifies that negligent homicide in the second degree may also apply to a person who operates a vehicle less than thirty miles per hour over the maximum speed limit in a negligent manner. (HB1843 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1843

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO NEGLIGENT HOMICIDE.

 

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

SECTION 1. Section 707-703, Hawaii Revised Statutes, is amended to read as follows:

"§707-703 Negligent homicide in the second degree. (1) A person [is guilty of] commits the offense of negligent homicide in the second degree if that person causes the death of another person by the operation of a vehicle [in]:

(a) In a negligent manner[.]; or

(b) At a speed thirty or more miles per hour greater than the maximum speed limit.

(2) Nothing in this section shall preclude its application to a person who operates a vehicle at a speed less than thirty miles per hour greater than the maximum speed limit where the person operates the vehicle in a negligent manner.

[(2)] (3) Negligent homicide in the second degree is a class C felony."

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 Statutory material to be repealed is bracketed and stricken.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.