REPORT TITLE:
Criminal Homicide


DESCRIPTION:
Clarifies "knowingly" and "intentionally" for purposes of murder
in the first degree and murder in the second degree.  Includes
within the definitions of murder in the first degree and murder
in the second degree, causing a death in the commission or
attempt to commit a forcible felony.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1700       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIMINAL HOMICIDE.



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

 1      SECTION 1.  Section 707-701, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (1) to read as follows:
 
 3      "(1)  A person commits the offense of murder in the first
 
 4 degree if the person [intentionally or knowingly causes]:
 
 5      (a)  Causes the death of:
 
 6     [(a)]   (i) More than one person in the same or separate
 
 7                 incident;
 
 8     [(b)]  (ii) A peace officer, judge, or prosecutor arising out
 
 9                 of the performance of official duties;
 
10     [(c)] (iii) A person known by the defendant to be a witness
 
11                 in a criminal prosecution;
 
12     [(d)]  (iv) A person by a hired killer, in which event both
 
13                 the person hired and the person responsible for
 
14                 hiring the killer shall be punished under this
 
15                 section; or
 
16     [(e)]   (v) A person while the defendant was imprisoned.
 
17             and
 
18      (b)  In performing the acts that cause the death:
 

 
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 1           (i)  Either intends to kill or do great bodily harm to
 
 2                that individual or another, or knows that such
 
 3                acts will cause death to that individual or
 
 4                another;
 
 5          (ii)  Knows that such acts create a strong probability
 
 6                of death or great bodily harm to that individual
 
 7                or another; or
 
 8         (iii)  Is attempting or committing a forcible felony
 
 9                other than murder in the second degree."
 
10      SECTION 2.  Section 707-701.5, Hawaii Revised Statutes, is
 
11 amended by amending subsection (1) to read as follows:
 
12      "(1)  Except as provided in section 707-701, a person
 
13 commits the offense of murder in the second degree if the person
 
14 [intentionally or knowingly causes]: 
 
15      (a)  Causes the death of another person[.]; and
 
16      (b)  In performing the acts that cause the death:
 
17           (i)  Either intends to kill or do great bodily harm to
 
18                that individual or another, or knows that such
 
19                acts will cause death to that individual or
 
20                another;
 
21          (ii)  Knows that such acts create a strong probability
 
22                of death or great bodily harm to that individual
 
23                or another; or
 

 
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 1         (iii)  Is attempting or committing a forcible felony."
 
 2      SECTION 3.  This Act does not affect rights and duties that
 
 3 matured, penalties that were incurred, and proceedings that were
 
 4 begun, before its effective date.
 
 5      SECTION 4.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 5.  This Act shall take effect upon its approval.
 
 8 
 
 9                           INTRODUCED BY:  _______________________