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

RELATING TO 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 the death
 
 5 of:
 
 6      (a)  More than one person in the same or separate incident;
 
 7      (b)  A peace officer, judge, or prosecutor arising out of
 
 8           the performance of official duties;
 
 9      (c)  A person known by the defendant to be a witness in a
 
10           criminal prosecution;
 
11      (d)  A person by a hired killer, in which event both the
 
12           person hired and the person responsible for hiring the
 
13           killer shall be punished under this section; or
 
14      (e)  A person while the defendant was imprisoned.]  A person
 
15 who causes the death of another person commits murder in the
 
16 first degree if, in performing the acts that cause the death:
 
17      (a)  The person either intends to cause the death of that
 
18           person or do serious bodily injury to that person, or
 
19           knows that such acts will cause the death of that
 

 
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 1           person; or
 
 2      (b)  The person knows that such acts create a strong
 
 3           probability of death or serious bodily injury to that
 
 4           person."
 
 5      SECTION 2.  Section 707-701.5, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "[[]707-701.5[]]  Murder in the second degree.  (1)
 
 8 [Except as provided in section 707-701, a] A person commits the
 
 9 offense of murder in the second degree if the person
 
10 [intentionally or knowingly causes the death of another person.]:
 
11      (a)  Recklessly causes the death of another person under
 
12           circumstances manifesting extreme indifference to the
 
13           value of human life; or
 
14      (b)  Acting either alone or with one or more persons,
 
15           commits or attempts to commit any of the following
 
16           crimes and in the course of and in furtherance of the
 
17           crime that the person is committing or attempting to
 
18           commit, or during the immediate flight therefrom, the
 
19           person, or another participant, if there be any, causes
 
20           the death of a person other than one of the
 
21           participants:
 
22           (i)  Kidnapping, as defined in section 707-720;
 
23          (ii)  Sexual assault in the first degree, as defined in
 

 
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 1                section 707-730;
 
 2         (iii)  Burglary in the first degree, as defined in
 
 3                section 708-810;
 
 4          (iv)  Criminal property damage in the first degree, as
 
 5                defined in section 708-820;
 
 6           (v)  Robbery in the first degree, as defined in section
 
 7                708-840; or
 
 8          (vi)  Escape in the first degree, as defined in section
 
 9                710-1020.
 
10      (2)  It is an affirmative defense to a charge of violating
 
11 subsection (1)(b) that the defendant:
 
12      (a)  Was not the only participant in the underlying crime;
 
13      (b)  Did not commit the homicidal act or in any way solicit,
 
14           request, command, importune, cause, or aid in the
 
15           commission thereof;
 
16      (c)  Was not armed with a dangerous or deadly weapon;
 
17      (d)  Had no reasonable ground to believe that any other
 
18           participant was armed with a dangerous or deadly
 
19           weapon; and
 
20      (e)  Had no reasonable ground to believe that any other
 
21           participant intended to engage in conduct that would
 
22           create a substantial risk of death.
 
23      (3)  In a prosecution for murder in the first degree it is
 

 
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 1 an affirmative defense, which reduces the offense to murder in
 
 2 the second degree, that the defendant was, at the time the
 
 3 defendant caused the death of the other person, under the
 
 4 influence of extreme mental or emotional disturbance causing a
 
 5 temporary loss of self-control for which there is a reasonable
 
 6 explanation.  The reasonableness of the explanation shall be
 
 7 determined from the viewpoint of a reasonable person in the
 
 8 circumstances as the defendant believed them to be.
 
 9      [(2)] (4)  Murder in the second degree is a felony for which
 
10 the defendant shall be sentenced to imprisonment as provided in
 
11 section 706-656."
 
12      SECTION 3.  Section 707-702, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "707-702  Manslaughter.(1)  A person commits the offense
 
15 of manslaughter if:
 
16      (a)  [He] The person recklessly causes the death of another
 
17           person; or
 
18      (b)  [He] The person intentionally causes another person to
 
19           commit suicide.
 
20      (2)  In a prosecution for murder in the [first and] second
 
21 [degrees] degree it is [a] an affirmative defense, which reduces
 
22 the offense to manslaughter, that the defendant was, at the time
 
23 [he] the defendant caused the death of the other person, under
 

 
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 1 the influence of extreme mental or emotional disturbance causing
 
 2 a temporary loss of self-control for which there is a reasonable
 
 3 explanation.  The reasonableness of the explanation shall be
 
 4 determined from the viewpoint of a reasonable person in the
 
 5 [defendant's situation under the] circumstances as [he] the
 
 6 defendant believed them to be.
 
 7      (3)  Manslaughter is a class A felony."
 
 8      SECTION 4.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 5.  This Act shall take effect upon its approval. 
 
11 
 
12                           INTRODUCED BY:  _______________________
 

 
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