HOUSE OF REPRESENTATIVES H.B. NO. 535 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO MANSLAUGHTER. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
HOUSE OF REPRESENTATIVES H.B. NO. 535
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
HOUSE OF REPRESENTATIVES
H.B. NO.
535
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO MANSLAUGHTER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that when an offender chooses to drink to levels of intoxication and recklessly operates a vehicle in a manner that results in the death of another person, the offender has demonstrated reckless rather than negligent behavior, which should result in a charge of manslaughter. Accordingly, the purpose of this Act is to specify that a person commits the offense of manslaughter if the person causes the death of another person by recklessly operating a motor vehicle with .08 or more grams of alcohol per two hundred ten liters of breath or .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood. SECTION 2. Section 707-702, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows: "§707-702 Manslaughter. (1) A person commits the offense of manslaughter if: (a) The person recklessly causes the death of another person; [or] (b) The person intentionally causes another person to commit suicide; or (c) The person causes the death of another person by recklessly operating a motor vehicle: (A) With .08 or more grams of alcohol per two hundred ten liters of breath; or (B) With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood; provided that this section shall not apply to actions taken under chapter 327L." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
SECTION 1. The legislature finds that when an offender chooses to drink to levels of intoxication and recklessly operates a vehicle in a manner that results in the death of another person, the offender has demonstrated reckless rather than negligent behavior, which should result in a charge of manslaughter.
Accordingly, the purpose of this Act is to specify that a person commits the offense of manslaughter if the person causes the death of another person by recklessly operating a motor vehicle with .08 or more grams of alcohol per two hundred ten liters of breath or .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood.
SECTION 2. Section 707-702, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"§707-702 Manslaughter. (1) A person commits the offense of manslaughter if:
(a) The person recklessly causes the death of another person; [or]
(b) The person intentionally causes another person to commit suicide; or
(c) The person causes the death of another person by recklessly operating a motor vehicle:
(A) With .08 or more grams of alcohol per two hundred ten liters of breath; or
(B) With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood;
provided that this section shall not apply to actions taken under chapter 327L."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: _____________________________
INTRODUCED BY:
_____________________________
Report Title: Manslaughter; Driving Under the Influence Description: Specifies that a person commits the offense of manslaughter if the person causes the death of another person by recklessly operating a motor vehicle with .08 or more grams of alcohol per 210 liters of breath or .08 or more grams of alcohol per 100 milliliters or cubic centimeters of blood. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
Manslaughter; Driving Under the Influence
Description:
Specifies that a person commits the offense of manslaughter if the person causes the death of another person by recklessly operating a motor vehicle with .08 or more grams of alcohol per 210 liters of breath or .08 or more grams of alcohol per 100 milliliters or cubic centimeters of blood.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.