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. 781 entitled:

begs leave to report as follows:

The purpose of this measure is to exclude voluntary intoxication from the mental insanity defense.

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

Under current law, persons who suffer from a mental or physical disease, disorder, or defect as a result of self-induced intoxication or voluntary ingestion of drugs, can escape penal responsibility. Your Committee believes, however, that voluntary ingestion of alcohol or drugs should not be permitted as the basis for an insanity or incapacity defense.

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. 781 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.