REPORT TITLE:
Evidence Rules


DESCRIPTION:
Permits evidence of statements regarding infliction or threat of
physical injury under certain conditions.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           928
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO EVIDENCE.



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

 1      SECTION 1.  Section 626-1, Hawaii Revised Statutes, is
 
 2 amended by adding a new rule to be appropriately designated and
 
 3 to read as follows:
 
 4      "Rule       Admissibility of statements regarding infliction
 
 5 or threat of physical injury.  (a)  Evidence of a statement by a
 
 6 declarant is not made inadmissible by the hearsay rule if all of
 
 7 the following conditions are met:
 
 8      (1)  The statement purports to narrate, describe, or explain
 
 9           the infliction or threat of physical injury upon the
 
10           declarant;
 
11      (2)  The declarant is unavailable as a witness, pursuant to
 
12           rule 804(a);
 
13      (3)  The statement was made at or near the time of the
 
14           infliction or threat of physical injury.  Evidence of
 
15           statements made more than five years before the filing
 
16           of the current action or proceeding shall be
 
17           inadmissible under this section;
 
18      (4)  The statement was made under circumstances that would
 
19           indicate its trustworthiness; and
 

 
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 1      (5)  The statement was made in writing, was electronically
 
 2           recorded, or was made to a law enforcement officer as
 
 3           defined in section 710-1000(13).
 
 4      (b)  For purposes of subsection (a)(4), circumstances
 
 5 relevant to the issue of trustworthiness include, but are not
 
 6 limited to, the following:
 
 7      (1)  Whether the statement was made in contemplation of
 
 8           pending or anticipated litigation in which the
 
 9           declarant was interested;
 
10      (2)  Whether the declarant has a bias or motive for
 
11           fabricating the statement, and the extent of any bias
 
12           or motive; or
 
13      (3)  Whether the statement is corroborated by evidence other
 
14           than statements that are admissible only pursuant to
 
15           this section.
 
16      (c)  A statement is admissible pursuant to this section only
 
17 if the proponent of the statement makes known to the adverse
 
18 party the intention to offer the statement and the particulars of
 
19 the statement sufficiently in advance of the proceedings in order
 
20 to provide the adverse party with a fair opportunity to prepare
 
21 to meet the statement."
 
22      SECTION 2.  This Act shall apply to actions, cases, and
 
23 proceedings brought on or after January 1, 2000; provided that
 

 
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                                     S.B. NO.           928
                                                        
                                                        

 
 1 the rules shall also apply to further procedure in actions,
 
 2 cases, and proceedings then pending, except to the extent that
 
 3 application of the rules would not be feasible, or would work
 
 4 injustice, in which event former evidentiary rules or principles
 
 5 shall apply.
 
 6      SECTION 3.  New statutory material is underscored.
 
 7      SECTION 4.  This Act shall take effect on January 1, 2000.
 
 8 
 
 9                              INTRODUCED BY:______________________