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                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   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) Are not attributable to the person's voluntary
 
 8           ingestion of alcohol or any controlled substance as
 
 9           defined in section 329-1; and
 
10       (b) Are not manifested only by repeated penal or otherwise
 
11           anti-social conduct."
 
12      SECTION 2.  This Act does not affect rights and duties that
 
13 matured, penalties that were incurred, and proceedings that were
 
14 begun, before its effective date.
 
15      SECTION 3.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 4.  This Act shall take effect upon its approval.