Report Title:

Constitution; Criminal

 

Description:

Proposes amendments to the State Constitution that would conform the constitution to the federal constitution.

HOUSE OF REPRESENTATIVES

H.B. NO.

2316

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AMENDMENTS TO THE HAWAII CONSTITUTION TO CONFORM TO THE UNITED STATES CONSTITUTION.

 

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

Part I.

SECTION 1. The purpose of this part is to enhance public safety by proposing a "Right to Truth-in-Evidence" provision to the Hawaii constitution. The provision would ensure that relevant evidence admissible under decisions by the United States Supreme Court on federal constitutional provisions relating to search and seizure and self-incrimination would also be admissible in state criminal proceedings. The legislature believes that the United States Supreme Court's constitutional interpretations of these issues provides the appropriate balance between protecting the rights of defendants and the rights of the crime victims and the public to have relevant evidence presented to the trier of fact.

In addition, this measure proposes conforming amendments to article I, section 7 and article I, section 10, of the Constitution of the State of Hawaii regarding search and seizure and the right against self-incrimination to clarify that these provisions be interpreted consistent with the United States Supreme Court interpretations of the Fourth and Fifth Amendments of the United States Constitution.

SECTION 2. Article I of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"RELEVANT EVIDENCE

Section . No relevant evidence shall be excluded in any criminal proceeding or proceedings on law violations including minors, including pretrial and post conviction or adjudication motions and hearings. Nothing in this section shall affect any existing statutory rule of evidence relating to privilege or hearsay, or rules 403, 404, or 412 of the Hawaii rules of evidence. Nothing in this section shall affect any existing statutory or constitutional right of the press."

SECTION 3. Article 1, section 7, of the Constitution of the State of Hawaii is amended to read as follows:

"SEARCHES[,] AND SEIZURES [AND INVASION OF PRIVACY]

Section 7. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches[,] and seizures [and invasions of privacy] shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized [or the communications sought to be intercepted]. Articles or information obtained in violation of this right shall be inadmissible in evidence if and only if the articles or information would be inadmissible under decisions of the United States Supreme Court construing the Fourth Amendment of the United States Constitution."

SECTION 4. Article 1, section 10, of the Constitution of the State of Hawaii is amended to read as follows:

"INDICTMENT; PRELIMINARY HEARING; DOUBLE JEOPARDY;

SELF-INCRIMINATION

Section 10. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury or upon a finding of probable cause after a preliminary hearing held as provided by law, except in cases arising in the armed forces when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy[;] or life or limb; nor shall any person be compelled in any criminal case to be a witness against oneself. Articles or information obtained in violation of this right shall be inadmissible in evidence if and only if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the Fifth Amendment to the United States Constitution."

SECTION 5. The question to be printed on the ballot shall be as follows:

"Should Hawaii's constitution be amended to provide that:

(1) Relevant evidence shall not be excluded for constitutional violations of self-incrimination or unreasonable search or seizure, from any state criminal proceeding or proceedings on law violations including minors, except in conformity with constitutional interpretations of the United States Supreme Court;

(2) Otherwise admissible evidence would not be excluded from evidence in criminal cases on grounds of unreasonable search and seizure or invasion of privacy unless obtained in violation of the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court; and

(3) Otherwise admissible evidence would not be excluded from evidence in criminal cases on the grounds of self-incrimination unless obtained in violation of the 5th Amendment to the United States Constitution, as interpreted by the United States Supreme Court?"

SECTION 6. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 7. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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