Bill Text: HI HB1181 | 2021 | Regular Session | Introduced
Bill Title: Relating To Evidence.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-01 - Referred to JHA, referral sheet 3 [HB1181 Detail]
Download: Hawaii-2021-HB1181-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1181 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EVIDENCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 621, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§621- Limitation on compellable
(b) The limitation on compellable testimony
established by this section may also be claimed by and afforded to any
individual who can demonstrate by clear and convincing evidence that:
(1) The individual
has regularly and materially participated in reporting or publishing news or
information of substantial public interest for the purpose of dissemination to
the general public by means of tangible or electronic media;
(2) The position of
the individual is materially similar or identical to that of a journalist or
newscaster, taking into account the method of dissemination;
(3) The interest of
the individual in protecting the sources and unpublished information under subsection
(a) is materially similar to the interest of the individuals referenced under
subsection (a); and
(4) The public
interest is served by affording the protections of this section in the specific
circumstance under consideration.
(c) This section shall not apply if:
(1) Probable
cause exists to believe that the person claiming the privilege has committed,
is committing, or is about to commit a crime;
(2) The
person claiming the privilege has observed the alleged commission of a crime, provided
that if:
(A) The interest in maintaining the privilege
granted by this section outweighs the public interest in disclosure; and
(B) The commission of the crime is the act of communicating or
providing the information or documents at issue,
then the privilege granted
by this section may be asserted;
(3) There is
substantial evidence that the source or information sought to be disclosed is material
to the investigation, prosecution, or defense of a felony or to a civil action,
and the source or information sought is:
(A) Unavailable,
despite exhaustion of reasonable alternative sources;
(B) Noncumulative;
and
(C) Necessary
and relevant to the charge, claim, or defense asserted;
(4) The information
sought to be disclosed is critical to prevent serious harm to life or public
safety; or
(5) The source consents to the disclosure of unpublished documents or other tangible materials provided by the source.
(d) No fine or imprisonment shall be imposed
against a person validly claiming a privilege pursuant to this section."
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. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Journalists and Newscasters; Sources; Information; Disclosure; Limits
Description:
Limits compelled disclosure of sources or unpublished information for journalists, newscasters and persons participating in collection or dissemination of news or information of substantial public interest. Establishes exceptions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
