§713-1300  Repeal and recodification. 
[Omitted as functus.]



 



APPENDIX



 



1.  EXPLANATORY NOTE
ON COMMENTARIES



 



A.  INTRODUCTORY NOTE ON
COMMENTARIES



 



The Commentary and Supplemental Commentary are published
with the Hawaii Penal Code pursuant to §701-105 of the Code.



The Commentary was originally published by the Judicial
Council of Hawaii and accompanied the Council's Proposed Draft of the Hawaii
Penal Code (1970).  The Proposed Draft of the Code and the Commentary were
prepared by the Council's Penal Law Revision Project, chaired by Circuit Judge
Masato Doi.  The principal drafters were Frank B. Baldwin, III, formerly Acting
Associate Professor of Law, University of California at Davis, California, who
served as Project Director, and Don Jeffrey Gelber, who was the Reporter.



The Proposed Draft was subjected to intensive review by
the Legislature which enacted the Code in 1972 after making several
modifications.  Section 701-105 provides that the Commentary accompanying the
Judicial Council of Hawaii's Proposed Draft of the Code, as revised, shall be
published and may be used "as an aid in understanding the provisions of
this Code, but not as evidence of Legislative intent."  The Supplemental
Commentary was prepared by Mr. Gelber and Mr. Wendell Kimura, and is intended,
when read together with the original commentary, to constitute the revision
contemplated by §701-105.  The Supplemental Commentary attempts to explain the
changes which were made by the Legislature to the Proposed Draft at the time of
enactment in 1972 and also subsequent Legislative amendments in 1973 and 1974. 
It also contains relevant case citations through 1974.



The Legislative purpose in mandating the publication of
the commentaries to the Penal Code is dealt with in §701-105 and the
commentaries thereon.  An example of judicial use of the Commentary can be
found in State v. Nobriga, 56 H. 75, 527 P.2d 1269 (1974).



 



B.  REVISOR'S NOTE ON
COMMENTARIES



 



The commentaries prepared as described above have been
revised by the Office of Revisor of Statutes pursuant to authority granted by
the Legislature.



Primarily, the Commentary, prepared by the Judicial
Council, was edited to reflect the present text of the Code, where this could
be readily done, without wholesale alterations, or where retention of the
original comments to nonexistent language invited confusion.  Revision in this
respect included deletion of comments rendered irrelevant by legislative
departures from the original proposals, addition of explanations to cover new
matter, and some recasting of language and repositioning of comments.



Such revision of the Commentary necessitated revision of
the Supplemental Commentary.  Accordingly, material found in the Supplemental
Commentary was adjusted, some material being transferred to the Commentary and
some being omitted.  The Supplemental Commentary was further revised by
deleting the case annotations contained therein and placing them under what is
styled as "Case Notes" in conformity with the general format of the
Hawaii Revised Statutes.  And, wherever possible, the commentaries have been
gender neutralized.



Further, the Revisor's Office updated the commentaries by
adding notes covering changes to the Code that were adopted in the 1975 through
1993 legislative sessions.



 



2.  ABBREVIATIONS



 



Colum. L. Rev. Columbia
Law Review



Eng. Rep. English
Reports--Full Preprint



F. Federal
Reporter



F.2d Federal
Reporter, Second Series



F. Supp. Federal
Supplement



Haw. Hawaii
Reports



H.R.S. or HRS Hawaii
Revised Statutes



H.R.Cr.P. Hawaii
Rules of Criminal




Procedure (1960)



Ill. Cr. Code Illinois
Criminal Code (1961)



M.P.C. American
Law Institute, Model Penal




Code, Proposed Official




Draft (1962)



Mich. L. Rev. Michigan
Law Review



N.Y.R.P.L. New
York Revised Penal Law (1965)



Prop. Del. Cr. Code Proposed
Delaware Criminal




Code (1967)



Prop. Mich. Rev. Cr. Code  Proposed
Michigan Revised




Criminal Code (1967)



Q.B. Queen's
Bench Reports



Stan. L. Rev. Stanford
Law Review



U.S. United
States Supreme Court Reports



Weekly L. R. Weekly
Law Reports (English)







 



3.  TABLE OF
DISPOSITION -- TITLE 37.  CRIMINAL LAW



 



R = Repealed



________________________________________________________________



 



Former § Present § Former § Present
§



________________________________________________________________



 



C701 R 711-21 to
23  806-21 to 23



C702 R 711-26 to
42  806-26 to 42



C703 R 711-46 to
51  806-46 to 51



C704 R 711-56 806-56



705-1 to 3 R 711-61 to
64  806-61 to 64



705-4 801-1 711-65, 66 R



705-5 801-5 711-67, 68 806-65,
66



705-5.5 R 711-71 to
73  R



705-6 to 8 801-2 to 4 711-76, 77 R



705C-1 to 12 802-1 to 12 711-78, 79 806-72,
73



C706 R 711-80 to
83  R



C707 R 711-84 806-71



708-1 to 11  803-1 to 11 711-85, 91
to 94 R



708-21 to 24 803-21 to 24  711-96 806-76



708-31 to 38 803-31 to 38  C712 R



709-1 to 19  804-1 to 19 713-1 to
27 832-1 to 27



709-31 to 41 804-31 to 41  713C-1 to
6 833-1 to 6



709-51 804-51 714-1 to 6 834-1
to 6



710-1 to 11  805-1 to 11 715-1 to
19 841-1 to 19



710-12 to 14 R 716-1 to 7 831-1
to 7



710-15 805-12 718-1 to 8 835-1
to 8



711-1, 2 806-1, 2 719-1 to 6 836-1
to 6



711-6 to 10  806-6 to 10 720-1 to
12 842-1 to 12



711-16 to 18 806-16 to 18