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.


 
HB HMIA 99-227
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        492
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO THE HAWAII RULES OF EVIDENCE.



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


 1      SECTION 1.  This bill proposes to amend the Hawaii Rules of
 
 2 Evidence to permit impeachment of a testifying witness or
 
 3 defendant with prior convictions under certain situations set
 
 4 forth in the bill.  The purpose of this amendment is to conform
 
 5 the Hawaii Rule with the Federal Rules of Evidence.
 
 6      The reason for this change is to permit juries to be fully
 
 7 informed of the background of witnesses and defendants who choose
 
 8 to testify under certain circumstances.  One such circumstance is
 
 9 a conviction of a crime which involved dishonesty or false
 
10 statement, i.e. perjury.  A jury should be informed if a witness
 
11 or defendant who has such a conviction is testifying.
 
12      There is no question that this is a measure to strengthen
 
13 the prosecution.  However, federal practice has evolved
 
14 significant precedent regarding the application of this rule of
 
15 evidence, with due regard to the power of the court, in its
 
16 discretion, to limit the presentation of such evidence in
 
17 appropriate cases.
 
18      SECTION 2.  Rule 609, Hawaii Rules of Evidence, chapter 626,
 
19 Hawaii Revised Statutes, is amended to read as follows:
 

 
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 1 
 
 2      "Rule 609  Impeachment by evidence of conviction of crime.
 
 3 (a) General rule.  For the purpose of attacking the credibility
 
 4 of a witness, [evidence that the witness has been convicted of a
 
 5 crime is inadmissible except when the crime is one involving
 
 6 dishonesty.  However, in a criminal case where the defendant
 
 7 takes the stand, the defendant shall not be questioned or
 
 8 evidence introduced as to whether the defendant has been
 
 9 convicted of a crime, for the sole purpose of attacking
 
10 credibility, unless the defendant has oneself introduced
 
11 testimony for the purpose of establishing the defendant's
 
12 credibility as a witness, in which case the defendant shall be 
 
13 treated as any other witness as provided in this rule.
 
14      (b)  Effect of pardon.  Evidence of a conviction is not
 
15 admissible under this rule if the conviction has been the subject
 
16 of a pardon.]  (1) evidence that a witness other than an accused
 
17 has been convicted of a crime shall be admitted, subject to rule
 
18 403, if the crime was punishable by imprisonment in excess of one
 
19 year under the law under which the witness was convicted, and
 
20 evidence that an accused has been convicted of such crime shall
 
21 be admitted if the court determines that the probative value of
 
22 admitting this evidence outweighs its prejudicial effect to the
 
23 accused; and
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (2) evidence that any witness has been convicted of a crime
 
 2 shall be admitted if it involved dishonesty or false statement,
 
 3 regardless of the punishment."
 
 4      [(c)](b)  Juvenile convictions.  Evidence of juvenile
 
 5 convictions is admissible to the same extent as are criminal
 
 6 convictions under subsection (a) of this rule.
 
 7      [(d)](c)  Pendency of appeal.  The pendency of an appeal
 
 8 therefrom does not render evidence of a conviction inadmissible.
 
 9 Evidence of the pendency of an appeal is admissible." 
 
10      SECTION 2.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 3.  This Act shall take effect upon its approval.
 
13 
 
14 
 
15                         INTRODUCED BY:___________________________
 

 
HB HMIA 99-227