HB2133

Report Title:

Murder 2nd; Felony Murder

 

Description:

Makes the killing of another during the perpetration of, or attempted perpetration of, certain felonies murder in the 2nd degree.

HOUSE OF REPRESENTATIVES	H.B. NO.	2133
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO FELONY MURDER.

 

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

SECTION 1. Section 707-701.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) Except as provided in section 707-701, a person commits the offense of murder in the second degree if the person [intentionally]:

(a) Intentionally or knowingly causes the death of another person[.];

(b) Either acting alone or with one or more other persons, causes the death of another while engaged in the perpetration of, or attempt to perpetrate, or immediate flight from any of the following:

(i) Criminal property damage in the first degree;

(ii) Sexual assault in the first, second, or third degree;

(iii) Robbery in the first or second degree;

(iv) Burglary in the first or second degree; or

(v) Kidnapping; or

(c) Under circumstances evincing a reckless indifference to human life, engages in conduct that creates a substantial risk of death to another person, whether or not foreseeable, and thereby causes the death of another person."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________