REPORT TITLE:
Relating to murder.


DESCRIPTION:
Defines a viable fetus partially birthed for the purpose of
abortion as a person.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2785
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO MURDER. 


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

 1      SECTION 1.  A partial-birth abortion involves birthing or
 
 2 delivering all but a small portion of the baby.  With only a
 
 3 portion of the head or neck remaining in the mother, the
 
 4 physician then kills the child by sucking out his or her brains
 
 5 and collapsing the skull. There is no dispute that if the little
 
 6 girl or boy was fully delivered and then killed, it would be
 
 7 murder.  However, partial-birth abortions are not prosecuted
 
 8 because of a legal fiction.  That legal fiction is that since a
 
 9 portion of the baby is still inside the mother, it is technically
 
10 not a person under the law.
 
11      The purpose of this bill is to eliminate this loophole in
 
12 the criminal laws and prohibit the partial birth of a child for
 
13 the purpose of an abortion.
 
14      SECTION 2.  Section 707-700, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "§707-700  Definitions of terms in this chapter.  In this
 
17 chapter, unless a different meaning plainly is required:
 
18      "Bodily injury" means physical pain, illness, or any
 
19 impairment of physical condition.
 

 
Page 2                                                     2785
                                     H.B. NO.           
                                                        
                                                        

 
 1      "Compulsion" means absence of consent, or a threat, express
 
 2 or implied, that places a person in fear of public humiliation,
 
 3 property damage, or financial loss.
 
 4      "Dangerous instrument" means any firearm, whether loaded or
 
 5 not, and whether operable or not, or other weapon, device,
 
 6 instrument, material, or substance, whether animate or inanimate,
 
 7 which in the manner it is used or is intended to be used is known
 
 8 to be capable of producing death or serious bodily injury.
 
 9      "Deviate sexual intercourse" means any act of sexual
 
10 gratification between a person and an animal or a corpse,
 
11 involving the sex organs of one and the mouth, anus, or sex
 
12 organs of the other.
 
13      "Fetus" means any individual human organism from conception
 
14 until birth.
 
15      "Married" includes persons legally married, and a male and
 
16 female living together as husband and wife regardless of their
 
17 legal status, but does not include spouses living apart.
 
18      "Mentally defective" means a person suffering from a
 
19 disease, disorder, or defect which renders the person incapable
 
20 of appraising the nature of the person's conduct.
 
21      "Mentally incapacitated" means a person rendered temporarily
 
22 incapable of appraising or controlling the person's conduct owing
 
23 to the influence of a substance administered to the person
 
24 without the person's consent.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      "Person" means a human being who has been born and is
 
 2 alive[.], or any viable fetus partially birthed or delivered for
 
 3 the purpose of being aborted.
 
 4      "Physically helpless" means a person who is unconscious or
 
 5 for any other reason physically unable to communicate
 
 6 unwillingness to an act.
 
 7      "Relative" means parent, ancestor, brother, sister, uncle,
 
 8 aunt, or legal guardian.
 
 9      "Restrain" means to restrict a person's movement in such a
 
10 manner as to interfere substantially with the person's liberty:
 
11      (1)  By means of force, threat, or deception; or
 
12      (2)  If the person is under the age of eighteen or
 
13           incompetent, without the consent of the relative,
 
14           person, or institution having lawful custody of the
 
15           person.
 
16      "Serious bodily injury" means bodily injury which creates a
 
17 substantial risk of death or which causes serious, permanent
 
18 disfigurement, or protracted loss or impairment of the function
 
19 of any bodily member or organ.
 
20      "Sexual contact" means any touching of the sexual or other
 
21 intimate parts of a person not married to the actor, or of the
 
22 sexual or other intimate parts of the actor by the person,
 
23 whether directly or through the clothing or other material
 
24 intended to cover the sexual or other intimate parts.
 

 
Page 4                                                     2785
                                     H.B. NO.           
                                                        
                                                        

 
 1      "Sexual penetration" means vaginal intercourse, anal
 
 2 intercourse, fellatio, cunnilingus, anilingus, deviate sexual
 
 3 intercourse, or any intrusion of any part of a person's body or
 
 4 of any object into the genital or anal opening of another
 
 5 person's body; it occurs upon any penetration, however slight,
 
 6 but emission is not required.  For purposes of this chapter, each
 
 7 act of sexual penetration shall constitute a separate offense.
 
 8      "Strong compulsion" means the use of or attempt to use one
 
 9 or more of the following to overcome a person:
 
10      (1)  A threat, express or implied, that places a person in
 
11           fear of bodily injury to the individual or another
 
12           person, or in fear that the person or another person
 
13           will be kidnapped;
 
14      (2)  A dangerous instrument; or
 
15      (3)  Physical force.
 
16      "Substantial bodily injury" means bodily injury which
 
17 causes:
 
18      (1)  A major avulsion, laceration, or penetration of the
 
19           skin;
 
20      (2)  A chemical, electrical, friction, or scalding burn of
 
21           second degree severity;
 
22      (3)  A bone fracture;
 
23      (4)  A serious concussion; or
 
24      (5)  A tearing, rupture, or corrosive damage to the
 
25           esophagus, viscera, or other internal organs."
 

 
Page 5                                                     2785
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 3.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 4.  This Act shall take effect upon its approval.
 
 4 
 
 5                       INTRODUCED BY:  ___________________________