Bill Text: HI HB1777 | 2018 | Regular Session | Amended
Bill Title: Relating To Lesser Included Offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-02-21 - Referred to JDC. [HB1777 Detail]
Download: Hawaii-2018-HB1777-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1777 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LESSER INCLUDED OFFENSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 701-109, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:
"(4)
A defendant may be convicted of an offense included in an offense
charged in the felony complaint, indictment, or [the]
information. An offense is so included
when:
(a) It
is established by proof of the same or less than all the facts required to establish the
commission of the offense charged;
(b) It
consists of an attempt to commit the offense charged or to commit an offense otherwise
included therein; or
(c) It
differs from the offense charged only in the respect that a less serious injury
or risk of injury to the same person, property, or public interest or a different state of mind indicating lesser
degree of culpability suffices to establish its commission."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Honolulu Prosecuting Attorney Package; Criminal Procedure; Crimes; Felony Complaint
Description:
Clarifies that defendants may be convicted of lesser included offenses in cases filed via felony complaints. (HB1777 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
