Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 478 entitled:

begs leave to report as follows:

The purpose of this measure is to exclude from the definition of pathological intoxication, the taking of controlled substances.

Your Committee received testimony in support of this measure from the Honolulu Prosecuting Attorney and Honolulu Police Department. Testimony in opposition was received from the Public Defender.

Under current law, evidence of pathological intoxication is admissible to prove or negate the defendant's conduct or state of mind in offenses that require a state of mind, such as knowingly or intentionally. Therefore, a defendant could ingest an illegal drug such as methamphetamine, which the defendant can claim no knowledge of being susceptible to, and negate penal responsibility. Your Committee disagrees with this loophole. This measure makes clear that pathological intoxication is not caused by introduction of controlled substances into the body.

Your Committee notes the recommendation of the Legislative Reference Bureau in its report, "Drugs, Alcohol and the Insanity Defense: the Debate over 'settled' Insanity" to "limit the defense to alcohol and legal drugs and exclude its operation to illegal drugs."

Your Committee has amended this measure to add an exemption for controlled substances taken pursuant to a prescription.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 478, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 478, S.D. 1, and be placed on the calendar for Third Reading.