HOUSE OF REPRESENTATIVES

H.B. NO.

1019

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE PENAL CODE.

 

 

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

 


PART I

     SECTION 1.  Section 707-701.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§707-701.5[]]  Murder in the second degree.  (1)  Except as provided in section 707-701, a person commits the offense of murder in the second degree if the person [intentionally]:

    (a)   Intentionally or knowingly causes the death of another person[.]; or

    (b)   With the intent to do serious bodily injury to another person, performs acts that cause the death of that person.

     (2)  Murder in the second degree is a felony for which the defendant shall be sentenced to imprisonment as provided in section 706-656."

PART II

     SECTION 2.  Section 707-700, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Simulated firearm" means any object that:

     (1)  Substantially resembles a firearm;

     (2)  Can reasonably be perceived to be a firearm; or

     (3)  Is used or brandished as a firearm."

     SECTION 3.  Section 707-716, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening:

    (a)   By threatening another person on more than one occasion for the same or a similar purpose;

    (b)   By threats made in a common scheme against different persons;

    (c)   Against a public servant arising out of the performance of the public servant's official duties.  For the purposes of this paragraph, "public servant" includes but is not limited to an educational worker.  "Educational worker" has the same meaning as defined in section 707-711;

    (d)   Against any emergency medical services personnel who is engaged in the performance of duty.  For purposes of this paragraph, "emergency medical services personnel" shall have the same meaning as in section 321-222; or

    (e)   With the use of a dangerous instrument or a simulated firearm."

     SECTION 4.  Section 708-800, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Simulated firearm" means any object that:

     (1)  Substantially resembles a firearm;

     (2)  Can reasonably be perceived to be a firearm; or

     (3)  Is used or brandished as a firearm."

     SECTION 5.  Section 708-840, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of robbery in the first degree if, in the course of committing theft or non-consensual taking of a motor vehicle:

    (a)   The person attempts to kill another or intentionally or knowingly inflicts or attempts to inflict serious bodily injury upon another;

    (b)   The person is armed with a dangerous instrument or a simulated firearm and:

         (i)  The person uses force against the person of anyone present with intent to overcome that person's physical resistance or physical power of resistance; or

        (ii)  The person threatens the imminent use of force against the person of anyone present with intent to compel acquiescence to the taking of or escaping with the property;

    (c)   The person uses force against the person of anyone present with the intent to overcome that person's physical resistance or physical power of resistance during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127; or

    (d)   The person threatens the imminent use of force against the person of anyone present with intent to compel acquiescence to the taking of or escaping with the property during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127."

PART III

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on September 14, 2047.

 



 

Report Title:

Criminal Homicide; Simulated Firearm

 

Description:

Includes in the offense of murder in the second degree acts committed with the intent to cause serious bodily injury to another person, which result in the death of that person.  Defines "simulated firearm" and makes the use of a simulated firearm during a robbery a robbery in the first degree and while committing an act of terroristic threatening a terroristic threatening in the first degree.  Effective September 14, 2047.  (SD1)

 

 

 

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