STAND. COM. REP. NO. 637-20
RE: H.B. No. 2001
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirtieth State Legislature
Regular Session of 2020
State of Hawaii
Your Committee on Judiciary, to which was referred H.B. No. 2001 entitled:
"A BILL FOR AN ACT RELATING TO MANSLAUGHTER,"
begs leave to report as follows:
The purpose of this measure is to authorize manslaughter prosecutions for wilful and wanton disregard of the need to exercise reasonable case that results in the death of another person.
Your Committee received testimony in support of this measure from the Office of the Prosecuting Attorney of the County of Kauai; Hawaii Construction Alliance; Hawaii Laborers' Union, Local 368; Mothers Against Drunk Driving Hawaii; Hawaii Bicycling League; and eleven individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender. Your Committee received comments on this measure from the Department of the Attorney General.
Your Committee finds that prosecutors have an obligation to charge offenders with manslaughter when offenders demonstrate a wilful and wanton disregard of the need to exercise care and commit crimes that result in the death of another person.
Your Committee has amended this measure by changing its effective date to July 1, 2050, to encourage further discussion.
Should this measure proceed further in the legislative process, your Committee respectfully requests that consideration be given to the concerns raised in testimony by the Department of the Attorney General that the terms "wilful" and "wanton" be defined.
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 H.B. No. 2001, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2001, H.D. 1, and be referred to your Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
CHRIS LEE, Chair