REPORT TITLE:
Pathological Intoxication 


DESCRIPTION:
Limits pathological intoxication to intoxication that is caused
by the introduction, into the body, of alcohol or of legal drugs.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           618
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PATHOLOGICAL INTOXICATION.
 


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

 1      SECTION 1.  Section 702-230, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (5) to read as follows:
 
 3      "(5)  In this section:
 
 4       (a) "Intoxication" means a disturbance of mental or
 
 5           physical capacities resulting from the introduction of
 
 6           substances into the body;
 
 7       (b) "Self-induced intoxication" means intoxication caused
 
 8           by substances [which] that the defendant knowingly
 
 9           introduces into the defendant's body, the tendency of
 
10           which to cause intoxication the defendant knows or
 
11           ought to know, unless the defendant introduces them
 
12           pursuant to medical advice or under such circumstances
 
13           as would afford a defense to a charge of a penal
 
14           offense;
 
15       (c) "Pathological intoxication" means intoxication that:
 
16           (i)  Is not caused, either in whole or in part, by the
 
17                introduction into the body of any controlled
 
18                substance as defined in section 329-1;
 

 
Page 2                                                     
                                     S.B. NO.           618
                                                        S.D. 1
                                                        

 
 1          (ii)  Is grossly excessive in degree, given the amount
 
 2                of the intoxicant, to which the defendant does not
 
 3                know the defendant is susceptible; and [which
 
 4                results]
 
 5         (iii)  Results from a pre-existing physical abnormality
 
 6                of the defendant." 
 
 7      SECTION 2.  This Act does not affect rights and duties that
 
 8 matured, penalties that were incurred, and proceedings that were
 
 9 begun, before its effective date.
 
10      SECTION 3.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 4.  This Act shall take effect upon its approval.