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HI SB3034
Bill
AI Summary
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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.
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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.
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Defines "lacks substantial capacity" as capacity impaired to such a degree that only an extremely limited amount remains.
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Applies retroactively only to rights, duties, penalties, and proceedings that began after the effective date, leaving prior cases unaffected.
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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