REPORT TITLE:
Homicide


DESCRIPTION:
Amends the murder in the second degree statute by creating a
section covering felony murder.

 
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                                                        2762
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO HOMICIDE.



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

 1      SECTION 1.  Section 707-701.5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]707-701.5[]]  Murder in the second degree.  (1)  Except
 
 4 as provided in section 707-701, a person commits the offense of
 
 5 murder in the second degree if the person [intentionally]:
 
 6      (a)  Intentionally or knowingly causes the death of another
 
 7 person[.]; or
 
 8      (b)  Acting either alone or with one or more persons,
 
 9           commits or attempts to commit any of the following
 
10           crimes and in the course of and in furtherance of the
 
11           crime that the person is committing or attempting to
 
12           commit, or during the immediate flight therefrom, the
 
13           person, or another participant, if there be any, causes
 
14           the death of a person other than one of the
 
15           participants:
 
16           (i)  Kidnapping, as defined in section 707-720;
 
17          (ii)  Sexual assault in the first degree, as defined in
 
18                section 707-730;
 
19         (iii)  Criminal property damage in the first degree, as
 

 
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 1                defined in section 708-820;
 
 2          (iv)  Robbery in the first degree, as defined in section
 
 3                708-840; or
 
 4           (v)  Escape in the first degree, as defined in section
 
 5                710-1020.
 
 6      (2)  It is an affirmative defense to a charge of violating
 
 7 subsection (1)(b) that the defendant:
 
 8      (a)  Was not the only participant in the underlying crime;
 
 9      (b)  Did not commit the homicidal act or in any way solicit,
 
10           request, command, cause, or aid in the commission
 
11           thereof;
 
12      (c)  Was not armed with a dangerous or deadly weapon;
 
13      (d)  Had no reasonable ground to believe that any other
 
14           participant was armed with a dangerous or deadly
 
15           weapon; and
 
16      (e)  Had no reasonable ground to believe that any other
 
17           participant intended to engage in conduct that would
 
18           create a substantial risk of death.
 
19      [(2)] (3)  Murder in the second degree is a felony for which
 
20 the defendant shall be sentenced to imprisonment as provided in
 
21 section 706-656."
 
22      SECTION 2.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
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 1      SECTION 3.  This Act shall take effect upon its approval. 
 
 2 
 
 3                       INTRODUCED BY:  ___________________________
 

 
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