HRS 0626-0001-0616 ANNOTATIONS

Televised testimony of victims and witnesses, see §801D-7.

This rule, which was recommended by the Hawaii Supreme Court in its Final Report of the Committee on Hawaii Rules of Evidence 30 (1991), resembles Uniform Rule of Evidence 807(d). The preliminary determination that taking the child witness' testimony in the accused's presence "would likely result in serious emotional distress to the child and substantial impairment of the child's ability to communicate" is necessary to avoid offending the Confrontation Clause, see Maryland v. Craig, 497 U.S. 836 (1990). This preliminary determination is for the court under Rule 104(a).

Rule 616(b) (1985), which permitted introduction of child victim's videotaped statement without showing of necessity, impermissibly infringed on defendant's right of confrontation. 79 H. 128, 900 P.2d 135.