Bill Text: HI SB65 | 2010 | Regular Session | Amended

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Bill Title: Evidence; Character of Accused

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB65 Detail]

Download: Hawaii-2010-SB65-Amended.html

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STAND. COM. REP. NO. 516

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 65

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 65 entitled:

 

"A BILL FOR AN ACT RELATING TO THE HAWAII RULES OF EVIDENCE,"

 

begs leave to report as follows:

 

     The purpose of this measure is to amend the Hawaii Rules of Evidence to provide, with regard to character evidence, that evidence of an accused person's trait of character for aggressiveness is admissible when offered by the prosecution against the accused, if the alleged victim's trait of character for aggressiveness is offered by the accused and admitted into evidence.

 

     Your Committee received testimony in support of this measure from Judiciary-Hawaii Supreme Court Standing Committee on the Rules of Evidence; Department of the Prosecuting Attorney-Honolulu; Office of the Prosecuting Attorney-Hawaii; and the Department of the Prosecuting Attorney-Maui.  Testimony in opposition was received from the Office of the Public Defender.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

     This measure conforms a specific provision in the Hawaii Rules of Evidence to its counterpart in the Federal Rules of Evidence.  However, your Committee is not entirely convinced that the rule will not result in inherent procedural unfairness to the defendant in a jury trial.  Your Committee believes that more study and analysis is necessary.

 

     Your Committee has amended this measure by changing the effective date to July 1, 2050, to ensure continued discussions on this matter.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 65, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 65, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

 

		____________________________ BRIAN T. TANIGUCHI, Chair