THE SENATE

S.B. NO.

764

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO 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 1102 to read as follows:

     "Rule 1102  Jury instructions; comment on evidence prohibited[.]; prosecution's failure to disclose evidence.  (a)  The court shall instruct the jury regarding the law applicable to the facts of the case, but shall not comment upon the evidence.  It shall also inform the jury that they are the exclusive judges of all questions of fact and the credibility of witnesses.

     (b)  If the court rules that the prosecution intentionally or knowingly failed to disclose information or materials as required by the Hawaii rules of penal procedure, as amended, the court may inform the jury that the failure to disclose the information occurred and that the jury shall consider the prosecution's failure to disclose as relevant in its deliberations to determine whether or not there is reasonable doubt.

     This subsection shall not be construed to limit any other remedy available under law."

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  Statutory material to be repealed is bracketed and stricken.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

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

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Hawaii Rules of Evidence; Instructions to Jury

 

Description:

Allows the court to instruct the jury that the jury shall consider the prosecution's failure to disclose information or materials as required by the Hawaii rules of penal procedure as relevant in its deliberations to determine whether or not there is reasonable doubt.

 

 

 

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