Hawaii 2024 Regular Session

Hawaii Senate Bill SB3035 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 3035 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT RELATING TO MANSLAUGHTER. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 3035
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	3035
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO MANSLAUGHTER.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 707-702, Hawaii Revised Statutes, is amended 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 knowingly and unlawfully distributes a dangerous drug in any amount and thereby recklessly causes the death of another person as a result of that person's ingesting that drug, provided that this section shall not apply to actions taken under chapter 327L. (2) It shall not be a defense to prosecution under subsection (1)(c) that the decedent contributed to the decedent's own death by voluntarily ingesting the dangerous drug. (3) For purposes of this section: "Dangerous drug" has the same meaning as "dangerous drugs" as defined by section 712-1240; and "Distributes" has the same meaning as "to distribute" as defined by section 712-1240. [(2)] (4) In a prosecution for murder or attempted murder in the first and second degrees it is an affirmative defense, which reduces the offense to manslaughter or attempted manslaughter, that the defendant was, at the time the defendant caused the death of the other person, under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation. The reasonableness of the explanation shall be determined from the viewpoint of a reasonable person in the circumstances as the defendant believed them to be; provided that an explanation that is not otherwise reasonable shall not be determined to be reasonable because of the defendant's discovery, defendant's knowledge, or the disclosure of the other person's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the other person made an unwanted nonforcible romantic or sexual advance toward the defendant, or in which the defendant and the other person dated or had a romantic relationship. If the defendant's explanation includes the discovery, knowledge, or disclosure of the other person's actual or perceived gender, gender identity, gender expression, or sexual orientation, the court shall instruct the jury to disregard biases or prejudices regarding the other person's actual or perceived gender, gender identity, gender expression, or sexual orientation in reaching a verdict. [(3)] (5) Manslaughter is a class A 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. INTRODUCED BY: _____________________________ BY REQUEST
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49	49	SECTION 1. Section 707-702, Hawaii Revised Statutes, is amended to read as follows:
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51	51	"§707-702 Manslaughter (1) A person commits the offense of manslaughter if:
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53	53	(a) The person recklessly causes the death of another person; [or]
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55	55	(b) The person intentionally causes another person to commit suicide; or
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57	57	(c) The person knowingly and unlawfully distributes a dangerous drug in any amount and thereby recklessly causes the death of another person as a result of that person's ingesting that drug,
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59	59	provided that this section shall not apply to actions taken under chapter 327L.
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61	61	(2) It shall not be a defense to prosecution under subsection (1)(c) that the decedent contributed to the decedent's own death by voluntarily ingesting the dangerous drug.
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63	63	(3) For purposes of this section:
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65	65	"Dangerous drug" has the same meaning as "dangerous drugs" as defined by section 712-1240; and
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67	67	"Distributes" has the same meaning as "to distribute" as defined by section 712-1240.
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69	69	[(2)] (4) In a prosecution for murder or attempted murder in the first and second degrees it is an affirmative defense, which reduces the offense to manslaughter or attempted manslaughter, that the defendant was, at the time the defendant caused the death of the other person, under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation. The reasonableness of the explanation shall be determined from the viewpoint of a reasonable person in the circumstances as the defendant believed them to be; provided that an explanation that is not otherwise reasonable shall not be determined to be reasonable because of the defendant's discovery, defendant's knowledge, or the disclosure of the other person's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the other person made an unwanted nonforcible romantic or sexual advance toward the defendant, or in which the defendant and the other person dated or had a romantic relationship. If the defendant's explanation includes the discovery, knowledge, or disclosure of the other person's actual or perceived gender, gender identity, gender expression, or sexual orientation, the court shall instruct the jury to disregard biases or prejudices regarding the other person's actual or perceived gender, gender identity, gender expression, or sexual orientation in reaching a verdict.
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71	71	[(3)] (5) Manslaughter is a class A felony."
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73	73	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.
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75	75	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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77	77	SECTION 4. This Act shall take effect upon its approval.
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81	81	INTRODUCED BY: _____________________________
82	82	BY REQUEST
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84	84	INTRODUCED BY:
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92	92	BY REQUEST
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94	94	Report Title: Manslaughter; Dangerous Drug; Distribution Description: Amends the offense of manslaughter to include cases where a person knowingly and unlawfully distributes a dangerous drug in any amount and thereby recklessly causes the death of another person who ingested that drug. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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102	102	Report Title:
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104	104	Manslaughter; Dangerous Drug; Distribution
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108	108	Description:
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110	110	Amends the offense of manslaughter to include cases where a person knowingly and unlawfully distributes a dangerous drug in any amount and thereby recklessly causes the death of another person who ingested that drug.
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118	118	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.