STAND. COM. REP. NO. 899

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 829
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
829 entitled: 

     "A BILL FOR AN ACT RELATING TO THE HAWAII RULES OF
     EVIDENCE,"

begs leave to report as follows:

     The purpose of this bill is to conform the Hawaii Rules of
Evidence to the current federal rules of evidence with respect to
sex offense cases.  Specifically this bills conforms:

     (1)  Rule 412 regarding the admissibility of evidence of a
          victim's past sexual behavior in civil cases involving
          allegations of sexual misconduct; and

     (2)  Rule 415 regarding the admissibility of evidence of
          similar acts in civil cases involving alleged sexual
          assault or child molestations.

     Your Committee finds that it is necessary to provide further
protection for women and children who are victims of sexual
assault and sexual harassment.  For example, at least eighteen
percent of Hawaii's employees reported experiencing or observing
sexual harassment within the last three years.   Your Committee
notes that in preparation for trial, some attorneys may attempt
to solicit and introduce information about the victim's sexual
history.  Such information is rarely material to the issue of
whether or not sexual harassment has occurred.  Your Committee
further finds that this bill would not prohibit the introduction

 
a                                                     
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of evidence relating to a sexual harassment victim's alleged
prior sexual history where the evidence is relevant to the
alleged victim's claims.  

     Testimony in support of this measure was submitted by the
Hawaii State Commission on the Status of Women, Hawaii Civil
Rights Commission, Honolulu County Committee on the Status of
Women, Hawaii Women Lawyers, National Employment Lawyers
Association, the Sex Abuse Treatment Center, Hawaii Women's
Legislative Coalition, and a University of Hawaii sex equity
specialist.

     Testimony in opposition to this measure was submitted by the
Judiciary and two private law firm attorneys.

     Upon further consideration, your Committee has amended this
measure by making technical, non-substantive changes for the
purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
829, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as S.B. No. 829, S.D. 1, and
be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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