STAND. COM. REP. NO.  266

Honolulu, Hawaii

                , 2015

RE:   H.B. No. 792

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 792 entitled:

"A BILL FOR AN ACT RELATING TO EVIDENCE,"

begs leave to report as follows:

The purpose of this measure is to amend the Hawaii Rules of Evidence to authorize nonresident property crime victims to testify in criminal proceedings by a live two-way video connection.

The Department of the Prosecuting Attorney, County of Maui and Hawaii Police Department testified in support of the measure.  The Judiciary and Office of the Public Defender testified in opposition.

     Your Committee has amended this measure to:

(1)  Apply to misdemeanor or petty misdemeanor property offenses;

(2)  Require the whole body of the witness to be visible during the witness's testimony; and

(3)  Require the rule to be liberally construed to further the important public policy of protecting the safety of visitors and residents.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 792, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 792, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

KARL RHOADS, Chair