THE SENATE	S.B. NO.	3034
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PENAL LIABILITY.

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

SECTION 1. Section 702-230, Hawaii Revised Statutes, is amended to read as follows:

"§702-230 Intoxication[.]; self-induced; not self-induced; pathological; affirmative defense. (1) Self-induced intoxication is prohibited as a defense to any offense, except as specifically provided in this section.

(2) Evidence of the [nonself-induced or pathological] intoxication of the defendant that is pathological or that is not self-induced shall be admissible to prove or [negative] disprove the conduct alleged or the state of mind sufficient to establish an element of the offense. Evidence of self-induced intoxication of the defendant is admissible to prove or [negative] disprove conduct or to prove state of mind sufficient to establish an element of an offense. Evidence of self-induced intoxication of the defendant is not admissible to [negative] disprove the state of mind sufficient to establish an element of the offense.

(3) Intoxication does not, in itself, constitute a physical or mental disease, disorder, or defect within the meaning of section 704-400.

(4) Intoxication that is:

(a) Not self-induced; or

(b) Pathological,

is [a] an affirmative defense if by reason of the intoxication the defendant at the time of the defendant's conduct lacks substantial capacity [either] to engage in the alleged conduct, to have the state of mind sufficient to establish an element of the offense, to appreciate its wrongfulness, or to conform the defendant's conduct to the requirements of law.

(5) In this section:

"Intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body.

"Lacks substantial capacity" means capacity that has been impaired to such a degree that only an extremely limited amount remains.

"Pathological intoxication" means intoxication grossly excessive in degree, given the amount of the intoxicant, to which the defendant does not know the defendant is susceptible and [which] that results from a physical abnormality of the defendant.

"Self-induced intoxication" means intoxication caused by substances [which] that the defendant knowingly introduces into the defendant's body, the tendency of which to cause intoxication the defendant knows or ought to know, unless the defendant introduces them pursuant to medical advice or under such circumstances as would afford a defense to a charge of a penal offense."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Penal Liability; Intoxication; Affirmative Defense

Description:

Explicitly categorizes defenses based on intoxication that is pathological or not self-induced as affirmative defenses.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.