REPORT TITLE:
Homicide


DESCRIPTION:
Creates an affirmative defense for extreme mental or emotional
disturbance.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2633
TWENTIETH LEGISLATURE, 2000                                
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 707-702, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "707-702  Manslaughter.(1)  A person commits the offense
 
 4 of manslaughter if:
 
 5      (a)  [He] The person recklessly causes the death of another
 
 6           person; or
 
 7      (b)  [He] The person intentionally causes another person to
 
 8           commit suicide.
 
 9      (2)  In a prosecution for murder in the first [and] or
 
10 second [degrees] degree, it is [a] an affirmative defense, which
 
11 reduces the offense to manslaughter, that the defendant [was], at
 
12 the time [he] the defendant caused the death of the other person,
 
13 was under the influence of extreme mental or emotional
 
14 disturbance that caused a temporary loss of self-control and for
 
15 which there is a reasonable explanation.  The reasonableness of
 
16 the explanation shall be determined from the viewpoint of a
 
17 reasonable person in the [defendant's situation under the]
 
18 circumstances as [he] the defendant believed them to be.
 
19      (3)  Manslaughter is a class A felony."
 

 
Page 2                                                     
                                     S.B. NO.           2633
                                                        
                                                        

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  Statutory material to be repealed is bracketed.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