HOUSE OF REPRESENTATIVES	H.B. NO.	1120
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to first-degree murder definition.

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

SECTION 1. The legislature finds that the felony murder rule (which allows a defendant to be charged with first-degree murder for a killing that occurs during a dangerous felony, even if the defendant is not the killer) is law in four-four states, Washington, DC, and under federal law. As recent court cases have shown, our judicial system is hampered in charging violent criminals because we do not have this law in our statutes.

This Act will allow criminals that commit murder while committing a dangerous felony to be charged with first-degree murder.

SECTION 2. Section 707-701, Hawaii Revised Statutes, is amended to read as follows:

"PART II. CRIMINAL HOMICIDE

§707-701 Murder in the first degree. (1) A person commits the offense of murder in the first degree if the person intentionally or knowingly causes the death of:

(a) More than one person in the same or separate incident;

(b) A law enforcement officer, judge, or prosecutor arising out of the performance of official duties;

(c) A person known by the defendant to be a witness in a criminal prosecution and the killing is related to the person's status as a witness;

(d) A person by a hired killer, in which event both the person hired and the person responsible for hiring the killer shall be punished under this section;

(e) A person while the defendant was imprisoned;

(f) A person from whom the defendant has been restrained, by order of any court, including an ex parte order, from contacting, threatening, or physically abusing pursuant to chapter 586;

(g) A person who is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order;

(h) A person known by the defendant to be a witness in a family court proceeding and the killing is related to the person's status as a witness; or

(i) A person whom the defendant restrained with intent to:

(i) Hold the person for ransom or reward;

(ii) Use the person as a shield or hostage;

(j) A person while committing a felony.

(2) Murder in the first degree is a felony for which the defendant shall be sentenced to imprisonment as provided in section 706-656."

SECTION 3. New statutory material is underscored.

SECTION 4 This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Felony Murder Rule; First-Degree Murder

Description:

Allow a criminal charged with a felony to also be charged with first-degree murder if a murder was committed during a volent felony by any of the felony perpetrators.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.