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HI SB3034

Bill

Status

Passed

7/9/2024

Primary Sponsor

Ronald Kouchi

Click for details

Origin

Senate

2024 Regular Session

AI Summary

  • Amends Hawaii Revised Statutes Section 702-230 to explicitly categorize intoxication defenses as affirmative defenses when the intoxication is not self-induced or is pathological in nature.

  • Self-induced intoxication remains prohibited as a defense except as specifically provided, but evidence of self-induced intoxication may be admitted to prove or disprove conduct or state of mind elements of an offense.

  • Defines "lacks substantial capacity" as capacity impaired to such a degree that only an extremely limited amount remains.

  • Applies retroactively only to rights, duties, penalties, and proceedings that began after the effective date, leaving prior cases unaffected.

  • Sunsets on July 1, 2034, at which point Section 702-230 reverts to its prior form.

Legislative Description

Relating To Penal Liability.

Affirmative Defense

Last Action

Act 243, 07/09/2024 (Gov. Msg. No. 1348).

7/9/2024

Committee Referrals

Judiciary & Hawaiian Affairs3/7/2024
Judiciary1/26/2024

Full Bill Text

No bill text available