Bill Text: HI HB711 | 2019 | Regular Session | Amended
Bill Title: Relating To Criminal Defense.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2019-07-01 - Act 149, 06/26/2019 (Gov. Msg. No. 1251). [HB711 Detail]
Download: Hawaii-2019-HB711-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
711 |
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THIRTIETH LEGISLATURE, 2019 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIMINAL DEFENSE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 707-702, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) In a prosecution for murder or attempted
murder in the first and second degrees it is an affirmative defense, which
reduces the offense to manslaughter or attempted manslaughter, that the
defendant was, at the time the defendant caused the death of the other person,
under the influence of extreme mental or emotional disturbance for which there
is a reasonable explanation. The
reasonableness of the explanation shall be determined from the viewpoint of a
reasonable person in the circumstances as the defendant believed them to be[.];
provided that an explanation that is not otherwise reasonable shall not be
determined to be reasonable because of the defendant's discovery, knowledge, or
disclosure of the other person's actual or perceived gender, gender identity,
gender expression, or sexual orientation, including under circumstances in
which the other person made an unwanted nonforcible romantic or sexual advance
toward the defendant, or in which the defendant and the other person dated or
had a romantic relationship. If the
defendant's explanation includes the discovery, knowledge, or disclosure of the
other person's actual or perceived gender, gender identity, gender expression,
or sexual orientation, the court shall instruct the jury to disregard biases or
prejudices regarding the other person's actual or perceived gender, gender
identity, gender expression, or sexual orientation in reaching a verdict."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 28, 2081.
Report Title:
Affirmative Defense; Gender; Sexual Orientation; Prohibition
Description:
Amends the affirmative defense to murder or
attempted murder of extreme mental or emotional disturbance by prohibiting
explanations based solely on the defendant's discovery, knowledge, or
disclosure of the victim's gender, gender identity or expression, or sexual
orientation. Requires the court to instruct the jury to
disregard bias and prejudice if a defendant's explanation includes the discovery
of a victim's gender, gender identity or expression, or sexual orientation. (HB711 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
