REPORT TITLE:
Const Rights; Evid; Crim Proc


DESCRIPTION:
Amends state constitutional provisions regarding search and
seizure and right against self-incrimination to conform to
rulings of the U.S. Supreme Court regarding admissible evidence.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1500       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

PROPOSING AMENDMENTS TO THE HAWAII CONSTITUTION.



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

 1      SECTION 1.  The purpose of this Act is to propose amendments
 
 2 to article I, section 7 and article I, section 10, of the
 
 3 Constitution of the State of Hawaii to conform the state
 
 4 constitutional provisions regarding search and seizure and the
 
 5 right against self-incrimination with the Fourth and Fifth
 
 6 Amendments of the United States Constitution and to provide that
 
 7 these provisions be interpreted consistent with the United States
 
 8 Supreme Court interpretation of the Fourth and Fifth Amendments
 
 9 of the United States Constitution.
 
10      SECTION 2.  Article I, section 7, of the Constitution of the
 
11 State of Hawaii is amended to read as follows:
 
12            "SEARCHES, SEIZURES AND INVASION OF PRIVACY
 
13      Section 7.  The right of the people to be secure in their
 
14 persons, houses, papers and effects against unreasonable
 
15 searches[,] and seizures and invasions of privacy shall not be
 
16 violated; and no warrants shall issue but upon probable cause,
 
17 supported by oath or affirmation, and particularly describing the
 
18 place to be searched and the persons or things to be seized [or
 
19 the communications sought to be intercepted]. Articles or
 

 
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 1 information obtained in violation of this right shall be
 
 2 inadmissible in evidence if, and only if, such articles or
 
 3 information would be inadmissible under decisions of the United
 
 4 States Supreme Court construing the Fourth Amendment to the
 
 5 United States Constitution."
 
 6      SECTION 3.  The question to be printed on the ballot shall
 
 7 be as follows:
 
 8      "Shall Hawaii's constitutional provision regarding the right
 
 9      against unreasonable search, seizure, and invasions of
 
10      privacy be amended so that otherwise admissible evidence
 
11      would not be excluded from evidence in criminal cases,
 
12      unless obtained in violation of the Fourth Amendment to the
 
13      United States Constitution, as interpreted by the United
 
14      States Supreme Court?"
 
15      SECTION 4.  Article I, section 10, of the Constitution of
 
16 the State of Hawaii is amended to read as follows:
 
17        "INDICTMENT; PRELIMINARY HEARING; DOUBLE JEOPARDY;
 
18                        SELF-INCRIMINATION
 
19      Section 10.  No person shall be held to answer for a capital
 
20 or otherwise infamous crime, unless on a presentment or
 
21 indictment of a grand jury or upon a finding of probable cause
 
22 after a preliminary hearing held as provided by law, except in
 
23 cases arising in the armed forces when in actual service in time
 

 
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                                     H.B. NO.1500       
                                                        
                                                        

 
 1 of war or public danger; nor shall any person be subject for the
 
 2 same offense to be twice put in jeopardy[;] of life and limb; nor
 
 3 shall any person be compelled in any criminal case to be a
 
 4 witness against oneself.  Articles or information obtained in
 
 5 violation of this right shall be inadmissible in evidence if, and
 
 6 only if, such articles or information would be inadmissible under
 
 7 decisions of the United States Supreme Court construing the Fifth
 
 8 Amendment to the United States Constitution."
 
 9      SECTION 5.  The question to be printed on the ballot shall
 
10 be as follows:
 
11      "Shall Hawaii's constitutional provision regarding a
 
12      person's right against compulsion to be a witness against
 
13      oneself in a criminal case be amended so that otherwise
 
14      admissible evidence would not be excluded from evidence in
 
15      criminal cases, unless obtained in violation of the Fifth
 
16      Amendment to the United States Constitution, as interpreted
 
17      by the United States Supreme Court?"
 
18      SECTION 6.  Constitutional material to be repealed is
 
19 bracketed.  New constitutional material is underscored.
 
20      SECTION 7.  This amendment shall take effect upon compliance
 
21 with article XVII, section 3, of the Constitution of the State of
 
22 Hawaii.
 
23 
 
24                           INTRODUCED BY:  _______________________