Bill Text: HI HB2716 | 2024 | Regular Session | Introduced

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Bill Title: Relating To Criminal Homicide.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2024-01-26 - Referred to JHA, referral sheet 3 [HB2716 Detail]

Download: Hawaii-2024-HB2716-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2716
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO CRIMINAL HOMICIDE.

 

 

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

 

     SECTION 1.  Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§707-     Involuntary manslaughter.  (1)  A person commits the offense of involuntary manslaughter if the person, while violating any provision of this chapter or chapter 134, 709, 710, 711, or 712, negligently causes the death of another person.

     (2)  Involuntary manslaughter is a class C felony."

     SECTION 2.  Section 351-32, Hawaii Revised Statutes, is amended to read as follows:

     "§351-32  Violent crimes.  The crimes to which part III of this chapter applies are the following and no other:

     (1)  Murder in the first degree (section 707-701);

     (2)  Murder in the second degree (section 707-701.5);

     (3)  [Manslaughter] Voluntary manslaughter (section 707‑702);

     (4)  Involuntary manslaughter (section 707-   );

    [(4)] (5)  Negligent homicide in the first degree (section 707-702.5);

    [(5)] (6)  Negligent homicide in the second degree (section 707-703);

    [(6)] (7)  Negligent injury in the first degree (section 707-705);

    [(7)] (8)  Negligent injury in the second degree (section 707-706);

    [(8)] (9)  Assault in the first degree (section 707-710);

    [(9)] (10) Assault in the second degree (section 707-711);

   [(10)] (11) Assault in the third degree (section 707-712);

   [(11)] (12) Kidnapping (section 707-720);

   [(12)] (13) Sexual assault in the first degree (section 707‑730);

   [(13)] (14) Sexual assault in the second degree (section 707‑731);

   [(14)] (15) Sexual assault in the third degree (section 707‑732);

   [(15)] (16) Sexual assault in the fourth degree (section 707‑733);

   [(16)] (17) Abuse of family or household members (section 709-906);

   [(17)] (18) Sex trafficking (section 712-1202); and

   [(18)] (19) Terrorism, as defined in title 18 United States Code section 2331."

     SECTION 3.  Section 707-702, Hawaii Revised Statutes, is amended to read as follows:

     "§707-702  [Manslaughter.] Voluntary manslaughter.  (1)  A person commits the offense of voluntary manslaughter if:

     (a)  The person recklessly causes the death of another person; or

     (b)  The person intentionally causes another person to commit suicide;

provided that this section shall not apply to actions taken under chapter 327L.

     (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 voluntary manslaughter or attempted voluntary 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, defendant's knowledge, or the 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.

     (3)  [Manslaughter] Voluntary manslaughter is a class A felony."

     SECTION 4.  Sections 286-124, 286-240, 286-245, 286C-1, 321-15.2, 327L-18, 346-97, 431:10C-407, 531B-6, 701-108, and 706-662, Hawaii Revised Statutes, are amended by substituting the term "manslaughter in any form", or similar term, wherever the term "manslaughter", or similar term, appears, as the context requires.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Hawaii Penal Code; Involuntary Manslaughter; Felony; Penalty

 

Description:

Establishes the offense of involuntary manslaughter.  Renames the existing offense of manslaughter as voluntary manslaughter.  Amends various statutory provisions to accommodate the 2 forms of manslaughter.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.