§701-100  Title and effective date of
amendments.  Title 37 shall be known as the Hawaii Penal Code.  Amendments
made to this Code by Act 314, Session Laws of Hawaii 1986, shall become
effective on January 1, 1987. [L 1972, c 9, pt of §1; am L 1986, c 314, pt of
§1]



 



COMMENTARY ON §701-100



 



  The purpose of this Code is to codify the major part of
Hawaii's penal law.  The law has never before been completely codified. 
Judicial construction has been relied on to supply definitions, defenses, and
general principles of penal liability.  The statutory law, dating from time
long past, uses language which is now obscure or mysterious.  Unmeritorious
defenses have been allowed because of the law's incompleteness, and some
persons have escaped punishment because some new variation of criminal conduct
is not defined as a crime.  On the other hand, certain acts are defined as
crimes which are not considered criminal today by a great majority of the
people.  This Code corrects these defects in the law, while putting it in a
more rational and accessible form.



 



SUPPLEMENTAL COMMENTARY ON §701-100



 



  Act 314, Session Laws 1986, provided that that act's
amendments to the Code take effect on January 1, 1987.  By delaying the
effective date of the amendments, the legislature intended to give criminal
justice agencies time to determine how the amendments will affect them and to
make provisions for the changes.  Conference Committee Report No. 51-86.