Bill Text: HI SB2322 | 2018 | Regular Session | Introduced
Bill Title: Relating To Manslaughter.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2018-01-22 - Referred to JDC. [SB2322 Detail]
Download: Hawaii-2018-SB2322-Introduced.html
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THE SENATE |
S.B. NO. |
2322 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to manslaughter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. This Act shall be known and may be cited as the "Peter Boy Kema Act".
SECTION 2. The legislature finds that it is necessary to remove the statute of limitations on the offense of manslaughter to protect victims of crime and close a potential loophole in Hawaii's criminal justice system.
The legislature further finds that Peter Kema, Sr., and Jaylin Kema plead guilty to manslaughter and hindering prosecution for the 1997 death of their child, Peter Kema, Jr., also known as "Peter Boy" and "Pepe". If the Kema's had stood trial for Peter Boy's murder and if the jury had returned a manslaughter verdict, which would have been possible if the jury had found that the death was caused recklessly instead of intentionally, they would have walked free because the statute of limitations on manslaughter had expired.
The legislature additionally finds that in cold case investigations and prosecutions such as Peter Boy's case, a statute of limitations on the offense of manslaughter can result in those responsible escaping justice.
The purpose of this Act is to repeal the statute of limitations on the offense of manslaughter.
SECTION 3. Section 701-108, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:
"(1) A prosecution for murder, murder in the first and second degrees, attempted murder, and attempted murder in the first and second degrees, criminal conspiracy to commit murder in any degree, criminal solicitation to commit murder in any degree, manslaughter where the death was not caused by the operation of a motor vehicle, sexual assault in the first and second degrees, and continuous sexual assault of a minor under the age of fourteen years may be commenced at any time.
(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:
[(a) A prosecution for manslaughter where the
death was not caused by the operation of a motor vehicle must be commenced
within ten years after it is committed;
(b)] (a)
A prosecution for a class A felony must be commenced within six years
after it is committed;
[(c)] (b)
A prosecution for any felony under part IX of chapter 708 must be
commenced within five years after it is committed;
[(d)] (c)
A prosecution for any other felony must be commenced within three years
after it is committed;
[(e)] (d)
A prosecution for a misdemeanor or parking violation must be commenced
within two years after it is committed; and
[(f)] (e)
A prosecution for a petty misdemeanor or a violation other than a
parking violation must be commenced within one year after it is committed."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Manslaughter; Statute of Limitations; Repeal
Description:
Repeals the statute of limitations for manslaughter where the death was not caused by the operation of a motor vehicle.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
