Bill Text: HI SB2394 | 2018 | Regular Session | Introduced
Bill Title: Relating To Penal Responsibility.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2018-01-22 - Referred to PSM/CPH, JDC/WAM. [SB2394 Detail]
Download: Hawaii-2018-SB2394-Introduced.html
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THE SENATE |
S.B. NO. |
2394 |
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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 penal responsibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 704, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§704- Verdict
of guilty but mentally ill. (a) Following examination of a defendant pursuant
to section 704-407.5, if the jury or trier of fact does not find that, as a
result of physical or mental disease, disorder, or defect at the time of the
conduct, a defendant lacked a particular state of mind that is required to
establish an element of the offense charged, the jury or trial of fact may find
that the defendant is guilty of the offense charged but mentally ill.
(b) If the jury or trier of fact finds that the defendant is guilty of the offense charged but mentally ill, the court shall include the defendant's mental health in the court's considerations pursuant to section 706-606."
SECTION 2. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§706- Health care and mental health care for incarcerated persons with mental illness. The court shall appoint a psychiatrist and licensed psychologist to examine any person found to be guilty of the offense charged but mentally ill under section 704- who has been sentenced to a term of imprisonment. Based on the results of the examination and the recommendations of the examiners, the court shall order that treatment facilities, health care, and mental health care appropriate to the person's diagnosis be provided to the person during the term of the person's imprisonment."
SECTION 3. Section 702-230, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:
"(4) Intoxication that is:
(a) Not self-induced; or
(b) Pathological,
is a defense if by reason of the intoxication the
defendant at the time of the defendant's conduct lacks [substantial capacity
either to appreciate its wrongfulness or to conform the defendant's conduct to
the requirements of law.] a particular state of mind that is required to
establish an element of the offense charged."
SECTION 4. Section 704-400, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person is not responsible, under this Code,
for conduct if at the time of the conduct as a result of physical or mental
disease, disorder, or defect the person lacks [substantial capacity either
to appreciate the wrongfulness of the person's conduct or to conform the
person's conduct to the requirements of law.] a particular state of mind
that is required to establish an element of the offense charged."
SECTION 5. Section 704-407.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (1) to read:
"(1) Whenever the defendant has filed a notice of
intention to rely on the defense of physical or mental disease, disorder, or
defect excluding penal responsibility[,]; the defendant has entered a
plea of guilty of the offense charged but mentally ill; or there is reason
to believe that the physical or mental disease, disorder, or defect of the
defendant will or has become an issue in the case, the court may order an
examination as to the defendant's physical or mental disease, disorder, or
defect at the time of the conduct alleged."
2. By amending subsection (6) to read:
"(6) The report of the examination for penal responsibility shall include the following:
(a) A description of the nature of the examination;
(b) A diagnosis of the physical or mental condition of the defendant;
(c) An opinion as to
the [extent, if any, to which the capacity of the defendant to appreciate
the wrongfulness of the defendant's conduct or to conform the defendant's
conduct to the requirements of law was impaired at the time of the conduct
alleged;
(d) When directed
by the court, an opinion as to the] capacity of the defendant to have a
particular state of mind that is required to establish an element of the
offense charged; and
[(e)] (d) Where
more than one examiner is appointed, a statement that the diagnosis and opinion
rendered were arrived at independently of any other examiner, unless there is a
showing to the court of a clear need for communication between or among the
examiners for clarification. A
description of the communication shall be included in the report. After all reports are submitted to the court,
examiners may confer without restriction."
SECTION 6. Section 704-408, Hawaii Revised Statutes, is amended to read as follows:
"§704-408 Determination of
irresponsibility. If the report of
the examiners filed pursuant to section 704-404, or the report of examiners of
the defendant's choice under section 704-409, states that the defendant at the
time of the conduct alleged was affected by a physical or mental disease,
disorder, or defect that substantially impaired the defendant's capacity to [appreciate
the wrongfulness of the defendant's conduct or to conform the defendant's
conduct to the requirements of law,] have a particular state of mind
that is required to establish an element of the offense charged, the court
shall submit the defense of physical or mental disease, disorder, or defect to
the jury or the trier of fact at the trial of the charge against the
defendant."
SECTION 7. Section 706-606, Hawaii Revised Statutes, is amended to read as follows:
"§706-606 Factors to be considered in imposing a sentence. The court, in determining the particular sentence to be imposed, shall consider:
(1) The nature and circumstances of the offense and the history and characteristics of the defendant;
(2) The need for the sentence imposed:
(a) To reflect the seriousness of the offense, to promote respect for law, and to provide just punishment for the offense;
(b) To afford adequate deterrence to criminal conduct;
(c) To protect the public from further crimes of the defendant; and
(d) To provide the defendant with needed educational or vocational training, medical or mental health care, or other correctional treatment in the most effective manner;
(3) The kinds of sentences available; and
(4) The need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct."
SECTION 8. (a) The department of public safety shall conduct a study concerning the cost of providing treatment facilities, health care, and mental health care to persons found to be guilty of the offense charged but mentally ill as required by section 2 of this Act.
(b) Based on the study in subsection (a), the department of public safety shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2019.
SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on July 1, 2020; provided that section 8 of this Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Not Guilty by Reason of Insanity; Guilty but Mentally Ill; Criminal Defense; Department of Public Safety; Study
Description:
Establishes a verdict of guilty of the offense charged but mentally ill in criminal trials. Changes the defense of not guilty by reason of insanity to require the court to find that at the time of the conduct, the person lacked a particular state of mind that is required to establish an element of the offense charged as a result of physical or mental disease, disorder, or defect. Requires persons who are incarcerated as a result of a verdict of guilty of the offense charged but mentally ill to receive health care or mental health care appropriate to the person's diagnosis during the person's term of imprisonment. Requires the Department of Public Safety to conduct a study on the costs of providing care to incarcerated persons who have been found guilty of the offense charged but mentally ill. Effective July 1, 2020.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
