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THE SENATE |
S.B. NO. |
2899 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 1 |
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STATE OF HAWAII |
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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 trait of
character for aggressiveness is offered by an accused and admitted under paragraph
(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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Evidence; Character of Accused
Description:
Provides that if evidence of an alleged victim's trait of character for aggressiveness is offered by an accused and admitted under rule 404(a)(2), then evidence of the same trait of character of the accused offered by the prosecution may be admissible. Effective 07/01/50. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.