CONFERENCE COMMITTEE REPORT NO. 32

                            Honolulu, Hawaii
                                            , 1999

                            RE:   S.B. No. 1119
                                  S.D. 1
                                  H.D. 1
                                  C.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
Senate to the amendments proposed by the House of Representatives
in S.B. No. 1119, S.D. 1, H.D. 1, entitled:  

     "A BILL FOR AN ACT RELATING TO HOMICIDE," 

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to create an affirmative defense
to murder in the first and second degrees that the defendant was,
at the time the defendant caused the death of another person,
under the influence of extreme mental or emotional disturbance
for which there is a reasonable explanation.

     Your Committee finds that under current law, in a trial for
murder, there is a burden placed upon the prosecution to disprove
the existence of an extreme mental or emotional disturbance,
beyond a reasonable doubt, or see the charge reduced to that of
manslaughter.  Your Committee believes it proper that the
defendant, upon raising this issue, should have the burden to

 
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                            CONFERENCE COMMITTEE REPORT NO. 32
                            Page 2



prove that the defendant was under the influence of extreme
mental or emotional disturbance.  Placing this burden upon the
defendant, rather than upon the prosecution to prove a negative,
will assist prosecutors in cases similar to the recent Pada case,
in which the issue of extreme mental or emotional disturbance was
raised.

     Upon further consideration, your Committee has amended this
measure by adding an effective date.

     Your Committee on Conference is in accord with the intent
and purpose of S.B. No. 1119, S.D. 1, H.D. 1, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as S.B. No. 1119, S.D. 1, H.D. 1, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
            HOUSE                             SENATE
                                   
                                   
                                   
______________________________     ______________________________
PAUL T. OSHIRO, Co-Chair           AVERY B. CHUMBLEY, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
JERRY L. CHANG, Member             MATTHEW M. MATSUNAGA, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
ERIC G. HAMAKAWA, Member           LES IHARA,JR., Member
                                   
                                   
                                   
______________________________     ______________________________
MARILYN B. LEE, Member             WHITNEY ANDERSON, Member



______________________________
PAUL WHALEN, Member

 
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