HB3044 HD1

Report Title:

Constitutional Amendment; Testimony

Description:

Amends Hawaii's Constitution so that in criminal cases, juries and fact finders can learn of prior convictions involving dishonesty of testifying defendants, to the same extent as with any other testifying witness in a criminal case. (HB3044 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	3044
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to propose an amendment to article XVI of the Hawaii Constitution to provide that, in a criminal case, evidence that a testifying defendant has been convicted of a crime involving dishonesty shall be admissible to assist the jury or judge in evaluating the credibility of the defendant to the same extent as with any other testifying witness. The amendment to article XVI is intended to overrule the 1971 decision of the Hawaii supreme court in the case of State v. Santiago, 53 Haw. 254 (1971), which held that the due process clause of the state constitution barred the introduction of a defendant's prior convictions to assist the trier of fact in evaluating that defendant's credibility in a criminal case.

The impeachment of defendants with prior convictions has been found constitutional in federal court and in the courts of almost all of the other states. However, Hawaii's strict policy prohibiting all use of prior convictions to impeach a defendant, unless the defendant puts the defendant's credibility at issue, while at the same time allowing victims and all other witness to be so impeached, is virtually unique.

In Hawaii, victims of crime and other witnesses can be impeached with evidence of prior convictions. This should also apply to those accused of crimes when the accused decide to become witnesses in their own trials. Because evidence of prior convictions can be used to impeach victims and other witnesses, the legislature finds that impeachment of defendants with evidence of prior convictions of crimes involving dishonesty should also be allowed when those defendants choose to testify in their own trial. This would further the truth-finding function.

SECTION 2. Article XVI of the Hawaii Constitution is amended by adding a new section to be appropriately designated and to read as follows:

"TESTIMONY OF DEFENDANTS IN CRIMINAL CASES

Section . In a criminal case, evidence that a testifying defendant has been convicted of a crime involving dishonesty shall be admissible to assist the jury or judge in evaluating the credibility of the defendant to the same extent as with any other testifying witness."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall evidence that a testifying defendant in a criminal case has been convicted of a crime involving dishonesty be admissible to assist the jury or judge in evaluating the credibility of the defendant to the same extent as with any other testifying witness?"

SECTION 4. New constitutional material is underscored.