Report Title:

Evidence; Intimate Partner Battering

Description:

Amends the rules of evidence to make expert testimony relating to intimate partner battering and its effects admissible in criminal cases.  Authorizes petition for post-conviction relief until 7/1/2010 on the grounds that expert testimony relating to intimate partner battering and its effects was offered but not received in evidence.

HOUSE OF REPRESENTATIVES	H.B. NO.	2970
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to EVIDENCE.

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

     SECTION 1.  Section 626-1, Hawaii Revised Statutes, is amended by amending rule 702 to read as follows:

     "Rule 702  Testimony by experts[.]; intimate partner battering. (a)  If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.  In determining the issue of assistance to the trier of fact, the court may consider the trustworthiness and validity of the scientific technique or mode of analysis employed by the proffered expert.

(b)  In a criminal action, expert testimony regarding intimate partner battering and its effects, including the nature and effect of physical, emotional, or mental abuse on the beliefs, perceptions, or behavior of victims of domestic violence, may be offered by either the prosecution or the defense except when offered against a criminal defendant to prove the occurrence of the act or acts that form the basis of the criminal charge.  Expert opinion testimony on intimate partner battering and its effects shall not be considered a new scientific technique whose reliability is unproven."

     SECTION 2.  (a)  Notwithstanding any other law or rule of court governing post-conviction relief to the contrary, a person who was convicted of and sentenced for a felony crime of violence may file a motion for a new trial or to withdraw the person's plea of guilty or no contest, at any time, on the basis that expert testimony relating to intimate partner battering and its effects, within the meaning of Rule 702, Hawaii Rules of Evidence, was offered, but not received in evidence at the trial court proceedings relating to the person's conviction, and is of such substance that, had it been received in evidence, there is a reasonable probability, sufficient to undermine confidence in the judgment of conviction, that the result of the proceedings would have been different.  As used in this section, "trial court proceedings" means those court proceedings that occur from the time the accusatory pleading is filed until and including judgment and sentence.

   (b)  If a person who files a motion under this section has previously filed a petition for post-conviction relief, it is grounds for denial of the motion that a court determined on the merits in proceedings on the petition that the omission of expert testimony relating to battered women's syndrome or intimate partner battering and its effects at trial was not prejudicial and did not entitle the petitioner to post-conviction relief.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval; provided that section 2 shall be repealed on July 1, 2010.

INTRODUCED BY:

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