Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 3253 entitled:

begs leave to report as follows:

The purpose of this measure is to amend the rules of evidence on erroneous rulings so that a party does not need to renew an objection or offer proof once a court makes a definitive ruling on the record admitting or excluding evidence.

Your Committee received testimony in support of the measure from the Judiciary and the Office of the Public Defender.

Your Committee finds that this measure codifies the Hawaii Supreme Court's holding in Ditto v. McCurdy, 98 Hawaii 123, 130 n.9, 44 P.3d 274, 281 n.9 (2002) and is identical to rule 103 of the Federal Rules of Evidence.

Your Committee amended this measure to substitute its contents with those of S.B. 2582, which has a savings clause and minor technical differences from this measure.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 3253, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 3253, S.D. 1, and be placed on the calendar for Third Reading.