SB2125

Report Title:

Evidence Code; Domestic Violence

Description:

Allows admission of evidence in a domestic violence criminal action of defendant's commission of other domestic violence.

THE SENATE	S.B. NO.	2125
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO EVIDENCE.

 

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

SECTION 1. The legislature finds that the inference from past acts in domestic violence cases is a strong indicator of propensity to commit further acts of domestic violence that escalate in frequency and severity. Current law limits the use of prior similar acts in domestic violence trials. The consequence could be that the defendant's propensity to commit domestic violence may never be known to the trier of fact.

The purpose of this Act is to allow, in domestic violence trials, evidence of prior domestic violence.

SECTION 2. Section 626-1, Hawaii Revised Statutes, is amended by adding a new rule to be appropriately designated and to read as follows:

"Rule Evidence of prior domestic violence. (a) In a criminal prosecution in which the defendant is accused of an offense involving domestic violence, evidence of the defendant’s commission of other domestic violence involving the same victim or other victims, is not made inadmissible under rule 404 if the evidence is not otherwise inadmissible under rule 403.

(b) In an action in which evidence is to be offered under this rule, the prosecution shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered.

(c) As used in this rule:

"Abuse" means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to that person's self or another.

"Cohabitant" means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabitants include, but are not limited to:

(1) Sexual relations between the parties while sharing the same living quarters;

(2) Sharing of income or expenses;

(3) Joint use or ownership of property;

(4) Whether the parties hold themselves out as husband and wife;

(5) The continuity of the relationship; and

(6) The length of the relationship.

"Domestic violence" means abuse committed against an adult or a fully emancipated minor who is a spouse, former spouse, cohabitant, former cohabitant, or a person with whom the suspect has had a child, or is having or has had a dating or engagement relationship."

SECTION 3. Section 626-1, rule 404, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Other crimes, wrongs, or acts. [Evidence] Except as provided in rule , evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible where such evidence is probative of another fact that is of consequence to the determination of the action, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, modus operandi, or absence of mistake or accident. In criminal cases, the proponent of evidence to be offered under this subsection shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the date, location, and general nature of any such evidence it intends to introduce at trial."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________