Report Title:

Evidence; Character of accused

Description:

Provides that if evidence of an alleged victim's character for aggressiveness or violence is offered by an accused and admitted under rule 404(a)(2), evidence of the same trait of character of the accused offered by the prosecution may be admissible.

THE SENATE	S.B. NO.	961
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE HAWAII RULES OF 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 404, subsection (a) to read as follows:

     "(a)  Character evidence generally.  Evidence of a person's character or a trait of a person's character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except:

     (1)  Character of accused.  Evidence of a pertinent trait of character of an accused offered by an accused, or by the prosecution to rebut the same[;], or if evidence of the alleged victim's character for aggressiveness or violence is offered by an accused and admitted under rule 404(a)(2), evidence of the same trait of character of the accused offered by the prosecution;

     (2)  Character of victim.  Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor;

     (3)  Character of witness.  Evidence of the character of a witness, as provided in rules 607, 608, 609, and 609.1."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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