REPORT TITLE:
Penal Responsibility


DESCRIPTION:
Amends definition of "physical or mental disease, disorder, or
defect" to exclude abnormalities that are attributable to the
voluntary ingestion of alcohol or any other psychoactive
substance.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           619
TWENTIETH LEGISLATURE, 1999                                
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:

 1      SECTION 1.  Section 704-400, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (2) to read as follows:
 
 3      "(2)  As used in this chapter, the [terms] term "physical or
 
 4 mental disease, disorder, or defect" [do not include an
 
 5 abnormality] includes only those severely abnormal mental or
 
 6 physical conditions that:
 
 7      (a)  Grossly and demonstrably impair a person's perception
 
 8           or understanding of reality;
 
 9      (b)  Are not attributable to the voluntary ingestion of
 
10           alcohol or any other psychoactive substance; and
 
11      (c)  Are not manifested only by repeated penal or otherwise
 
12           anti-social conduct."
 
13      SECTION 2.  This Act does not affect rights and duties that
 
14 matured, penalties that were incurred, and proceedings that were
 
15 begun, before its effective date.
 
16      SECTION 3.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 

 
 
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                                     S.B. NO.           619
                                                        
                                                        

 
 1      SECTION 4.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:_________________________