CONFERENCE COMMITTEE REP. NO. 14-24

Honolulu, Hawaii

, 2024

RE: S.B. No. 3034

H.D. 1

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 3034, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PENAL LIABILITY,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to explicitly categorize defenses to penal liability based on intoxication that is not self-induced or is pathological as affirmative defenses.

Your Committee on Conference finds that existing law allows criminal defendants to raise intoxication defenses during the trial, which leaves the prosecution at severe disadvantage due to the prosecution lacking sufficient time to investigate these claims. This measure will shift the initial burden of proof regarding these defenses to the defendant, thereby allowing the prosecution to fully vet the legitimacy of the defense and possible lack of supportive evidence while still requiring a defendant be found not guilty, should the prosecution be unable to meet its burden of proof.

Your Committee on Conference has amended this measure by:

(1) Including a sunset date of July 1, 2034;

(2) Making it effective upon its approval; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 3034, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 3034, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ DAVID A. TARNAS Chair

____________________________ KARL RHOADS Chair