Bill Text: HI HB711 | 2019 | Regular Session | Amended
Bill Title: Relating To Criminal Defense.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2019-07-01 - Act 149, 06/26/2019 (Gov. Msg. No. 1251). [HB711 Detail]
Download: Hawaii-2019-HB711-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
711 |
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THIRTIETH LEGISLATURE, 2019 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO CRIMINAL DEFENSE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 707-702, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) In a prosecution for murder or attempted
murder in the first and second degrees it is an affirmative defense, which
reduces the offense to manslaughter or attempted manslaughter, that the
defendant was, at the time the defendant caused the death of the other person,
under the influence of extreme mental or emotional disturbance for which there
is a reasonable explanation. The reasonableness
of the explanation shall be determined from the viewpoint of a reasonable
person in the circumstances as the defendant believed them to be[.];
provided that an explanation that is not otherwise reasonable shall not be
determined to be reasonable because of the defendant's discovery, defendant's knowledge,
or the disclosure of the other person's actual or perceived gender, gender
identity, gender expression, or sexual orientation, including under
circumstances in which the other person made an unwanted nonforcible romantic
or sexual advance toward the defendant, or in which the defendant and the other
person dated or had a romantic relationship.
If the defendant's explanation includes the discovery, knowledge, or
disclosure of the other person's actual or perceived gender, gender identity,
gender expression, or sexual orientation, the court shall instruct the jury to
disregard biases or prejudices regarding the other person's actual or perceived
gender, gender identity, gender expression, or sexual orientation in reaching a
verdict."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Affirmative Defense; Gender; Sexual Orientation; Prohibition
Description:
Amends the affirmative defense of extreme
mental or emotional disturbance to murder or attempted murder by prohibiting
explanations based solely on the defendant's discovery, defendant's knowledge,
or the disclosure of the victim's gender, gender identity or expression, or
sexual orientation. Requires the court to instruct the jury to
disregard bias and prejudice if a defendant's explanation includes the
discovery of a victim's gender, gender identity or expression, or sexual
orientation.
(SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
