REPORT TITLE: 
Negligent Homicide


DESCRIPTION:
Deletes the requirement that the person must be operating a
vehicle to commit the crime of negligent homicide.



 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2058
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO NEGLIGENT HOMICIDE.



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

 1      SECTION 1.  Section 707-702.5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§707-702.5 Negligent homicide in the first degree.  (1)  A
 
 4 person is guilty of the offense of negligent homicide in the
 
 5 first degree if that person causes the death of another person
 
 6 [by the operation of a vehicle] in a negligent manner while under
 
 7 the influence of drugs or alcohol.
 
 8      (2)  Negligent homicide in the first degree is a class B
 
 9 felony."
 
10      SECTION 2.  Section 707-703, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "§707-703 Negligent homicide in the second degree.(1) A
 
13 person is guilty of the offense of negligent homicide in the
 
14 second degree if that person causes the death of another person
 
15 [by the operation of a vehicle] in a negligent manner.
 
16      (2)  Negligent homicide in the second degree is a class C
 
17 felony."
 
18      SECTION 3.  Section 707-704, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 

 
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 1      "§707-704 Negligent homicide in the third degree.(1)  A
 
 2 person is guilty of the offense of negligent homicide in the
 
 3 third degree if that person causes the death of another person
 
 4 [by the operation of a vehicle] in a manner which is simple
 
 5 negligence.
 
 6      (2)  "Simple negligence" as used in this section:
 
 7      (a)  A person acts with simple negligence with respect to
 
 8           the person's conduct when the person should be aware of
 
 9           a risk that the person engages in that conduct.
 
10      (b)  A person acts with simple negligence with respect to
 
11           attendant circumstances when the person should be aware
 
12           of a risk that those circumstances exist.
 
13      (c)  A person acts with simple negligence with respect to a
 
14           result to the person's conduct when the person should
 
15           be aware of a risk that the person's conduct will cause
 
16           that result.
 
17      (d)  A risk is within the meaning of this subsection if the
 
18           person's failure to perceive it, considering the nature
 
19           and purpose of the person's conduct and the
 
20           circumstances known to the person, involves a deviation
 
21           from the standard of care that a law-abiding person
 
22           would observe in the same situation.
 

 
 
 
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 1      (3)  Negligent homicide in the third degree is a
 
 2 misdemeanor."
 
 3      SECTION 4.  This Act does not affect rights and duties that
 
 4 matured, penalties that were incurred, and proceedings that were
 
 5 begun, before its effective date.
 
 6      SECTION 5.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 6.  This Act shall take effect upon its approval.
 
 9 
 
10                       INTRODUCED BY:  ___________________________