HB2134

Report Title:

Rules Of Evidence; Impeachment

Description:

Amends Rule 609 of the Hawaii Rules of Evidence to allow evidence of a prior conviction, if its probative value outweighs its prejudicial effect and the conviction involves dishonesty or false statement.

HOUSE OF REPRESENTATIVES	H.B. NO.	2134
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO THE HAWAII RULES OF EVIDENCE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. This Act proposes to amend the Hawaii rules of evidence to permit impeachment of a testifying witness or defendant with prior convictions, under certain situations set forth in this Act. The purpose of this Act is to conform the Hawaii rule to the Federal Rules of Evidence.

The reason for this change is to permit juries to be fully informed of the background of witnesses and defendants who choose to testify under certain circumstances. One such circumstance is a conviction of a crime that involved dishonesty or false statement, i.e. perjury. A jury should be informed if a witness or defendant who has such a conviction is testifying.

There is no question that this is a measure to strengthen the prosecution. However, federal practice has evolved significant precedent regarding the application of this rule of evidence, with due regard to the power of the court, in its discretion, to limit the presentation of such evidence in appropriate cases.

SECTION 2. Section 626-1, Hawaii Revised Statutes, is amended by amending rule 609 to read as follows:

"Rule 609 Impeachment by evidence of conviction of crime. (a) General rule. For the purpose of attacking the credibility of a witness[, evidence that the witness has been convicted of a crime is inadmissible except when the crime is one involving dishonesty. However, in a criminal case where the defendant takes the stand, the defendant shall not be questioned or evidence introduced as to whether the defendant has been convicted of a crime, for the sole purpose of attacking credibility, unless the defendant has oneself introduced testimony for the purpose of establishing the defendant's credibility as a witness, in which case the defendant shall be treated as any other witness as provided in this rule.

(b) Effect of pardon. Evidence of a conviction is not admissible under this rule if the conviction has been the subject of a pardon.]:

(1) Evidence that a witness other than an accused has been convicted of a crime shall be admitted, subject to rule 403, if the crime was punishable by imprisonment in excess of one year under the law under which the witness was convicted, and evidence that an accused has been convicted of such crime shall be admitted if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the accused; and

(2) Evidence that any witness has been convicted of a crime shall be admitted if the crime involved dishonesty or false statement, regardless of the punishment.

[(c)] (b) Juvenile convictions. Evidence of juvenile convictions is admissible to the same extent as are criminal convictions under subsection (a) of this rule.

[(d)] (c) Pendency of appeal. The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible."

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. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________