SB 3034 Hawaii Senate · 2024 Regular Session

RELATING TO PENAL LIABILITY.

This bill modifies how intoxication defenses are handled in criminal cases by explicitly classifying them as affirmative defenses when the intoxication is not self-induced or is due to a pathological condition. Affirmative defenses allow a defendant to admit to the act but argue they should not be held criminally liable because of specific circumstances, shifting the burden of proof to the prosecution. The changes apply to individuals charged with crimes where their state of mind was affected by involuntary intoxication or medical issues rather than voluntary substance use. The legislation is set to expire on July 1, 2034, meaning it will only be in effect for a limited time.

Bill status signed all 5 stages cleared

Introduction

Jan 2024

Committee Review

Apr 2024

Senate Passage

May 2024

House Passage

May 2024

Signed into Law

Jul 2024

Introduced Jan 24, 2024 Signed Jul 9, 2024

Floor votes

How they voted

This bill passed the Senate. No roll call record of that vote is available.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 1, 2024

Lower · Passed

Passed Final Reading as amended in CD 1 with none voting aye with reservations; Representative(s) Amato, Cochran, Hussey-Burdick, Kapela, Perruso, Poepoe, Souza voting no (7) and none excused (0).

lower

May 1, 2024

Upper · Passed

Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: Senator(s) McKelvey. Noes, 0 (none). Excused, 0 (none).

upper

Apr 25, 2024

Lower · Passed

Reported from Conference Committee (Conf Com. Rep. No. 14-24) as amended in (CD 1).

lower

Apr 25, 2024

Introduced

48 Hrs. Notice (as amended CD 1) 05-01-24.

upper

Apr 25, 2024

Upper · Passed

Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 14-24).

upper

Apr 22, 2024

Lower · Passed

The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Tarnas, Takayama, Souza; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.

lower

Apr 22, 2024

Upper · Passed

The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 2 Aye(s): Senator(s) Rhoads, Elefante; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa.

upper

Apr 19, 2024

Lower · Passed

Bill scheduled for Conference Committee Meeting on Monday, 04-22-24 1:45PM in conference room 325.

lower

Apr 2, 2024

Amended

Senate disagrees with House amendments.

upper

Apr 2, 2024

Introduced

Received from House (Hse. Com. No. 509).

upper

Apr 1, 2024

Lower · Passed

Passed Third Reading with none voting aye with reservations; Representative(s) Cochran, Ganaden, Hussey-Burdick, Marten, Perruso voting no (5) and Representative(s) Belatti, Gates, Quinlan excused (3). Transmitted to Senate.

lower

Mar 13, 2024

Lower · Passed

The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Takayama, Evslin, Ganaden, Holt, Ichiyama, Ilagan, Kong, Miyake, Souza; Ayes with reservations: none; Noes: none; and Excused: none.

lower

Mar 7, 2024

Committee

Referred to JHA, referral sheet 16

lower

Mar 5, 2024

Introduced

Received from Senate (Sen. Com. No. 250).

lower

Mar 5, 2024

Upper · Passed

Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.

upper

Feb 15, 2024

Upper · Passed

The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Elefante, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Feb 9, 2024

Upper · Passed

The committee(s) on JDC has scheduled a public hearing on 02-15-24 9:30AM; Conference Room 016 & Videoconference.

upper

Jan 26, 2024

Committee

Referred to JDC.

upper

Jan 24, 2024

Introduced

Introduced.

upper

1 primary · 0 co-sponsors