Bill Text: HI SB3034 | 2024 | Regular Session | Amended
Bill Title: Relating To Penal Liability.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-04-25 - Forty-eight (48) hours notice Wednesday, 05-01-24. [SB3034 Detail]
Download: Hawaii-2024-SB3034-Amended.html
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THE SENATE |
S.B. NO. |
3034 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PENAL LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 702-230, Hawaii Revised Statutes, is amended to read as follows:
"§702-230 Intoxication[.]; self-induced; not
self-induced; pathological; affirmative defense. (1) Self-induced intoxication [is] shall
be prohibited as a defense to any offense, except as specifically provided
in this section.
(2) Evidence of the [nonself-induced or
pathological] intoxication of the defendant that is not self-induced
intoxication or that is pathological intoxication shall be admissible to
prove or [negative] disprove the conduct alleged or the state of
mind sufficient to establish an element of the offense. Evidence of self-induced intoxication of the
defendant [is] shall be admissible to prove or [negative] disprove
conduct or to prove the state of mind sufficient to establish an element
of an offense. Evidence of self-induced
intoxication of the defendant [is] shall not be admissible
to [negative] disprove the state of mind sufficient to establish
an element of the offense.
(3) Intoxication
[does] shall not, in itself, constitute a physical or mental
disease, disorder, or defect within the meaning of section 704-400.
(4) Intoxication that is:
(a) Not
self-induced[;] intoxication; or
(b) Pathological[,]
intoxication,
[is a]
shall be an affirmative defense if by reason of the intoxication,
the defendant at the time of the defendant's conduct lacks substantial capacity
[either] to engage in the alleged conduct, to have the state of mind
sufficient to establish an element of the offense, to appreciate [its]
the wrongfulness of the defendant's conduct, or to conform the
defendant's conduct to the requirements of law.
(5) [In]
As used in this section:
"Intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body.
"Lacks substantial capacity" means capacity that has been impaired to such a degree that only an extremely limited amount remains.
"Pathological intoxication" means
intoxication grossly excessive in degree, given the amount of the intoxicant,
to which the defendant does not know the defendant is susceptible and [which]
that results from a physical abnormality of the defendant.
"Self-induced intoxication" means
intoxication caused by substances [which] that the defendant
knowingly introduces into the defendant's body, the tendency of which to cause
intoxication the defendant knows or ought to know, unless the defendant
introduces [them] the substances pursuant to medical advice or
under [such] circumstances [as] that would afford a
defense to a charge of a penal offense."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000; provided that on July 1, 2027, this Act shall be repealed and section 702-230, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act.
Report Title:
Penal Liability; Intoxication; Affirmative Defense
Description:
Explicitly categorizes defenses based on intoxication that is not self-induced or is pathological as affirmative defenses. Sunsets 7/1/2027. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
