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 S.B. No. 2558 entitled:

begs leave to report as follows:

The purpose of this measure is to amend the Hawaii rules of evidence to make inadmissible evidence of written or oral apologies and benevolent gestures for purposes of proving fault.

This measure also ensures that a statement of fault shall continue to be admissible.

Testimony in support of this measure was submitted by the Department of the Attorney General and Kaiser Permanente. Testimony in opposition to this measure was submitted by the Consumer Lawyers of Hawaii. The Hawaii Supreme Court Standing Committee on the Rules of Evidence had no objection.

Your Committee finds that making an apology or expression of sympathy to an individual who has been harmed or wronged is a natural human reaction to a bad situation. However, your Committee further finds that, in this litigious day and age, many are unable to freely express these feelings for fear that their expressions of sympathy or empathy will be construed to constitute admissions of guilt or liability. Your Committee believes that individuals should be encouraged to openly share civil and humane feelings with each other and not be discouraged from or punished for reaching out to others after difficult or tragic events. Your Committee is mindful of the concerns regarding the term apology, as its use may imply an acknowledgement of fault and has addressed the issue accordingly.

Your Committee has amended this measure by:

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 S.B. No. 2558, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2558, S.D. 1, and be placed on the calendar for Third Reading.