HOUSE OF REPRESENTATIVES

 

AMENDMENT TO:

S.B. NO. 2846, H.D. 1

 

OFFERED BY:

REPRESENTATIVE SCOTT K. SAIKI

 

DATE:

APRIL 13, 2004

 

SECTION 1. Senate Bill No. 2846, H.D. 1, (PROPOSING AMENDMENTS TO ARTICLE I, SECTION 14, OF THE HAWAII CONSTITUTION), is amended by amending sections 1, 2, 3, and 4 to read as follows:

"SECTION 1. The purpose of this Act is to propose an amendment to article I, section 14, of the Constitution of the State of Hawaii to permit the legislature to pass legislation providing for the inadmissibility of privileged confidential communications between an alleged crime victim and the alleged crime victim's physician, psychologist, counselor, or licensed mental health professional.

SECTION 2. Article I, section 14, of the Constitution of the State of Hawaii is amended to read as follows:

"RIGHTS OF ACCUSED

Section 14. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the district wherein the crime shall have been committed, which district shall have been previously ascertained

by law, or of such other district to which the prosecution may be removed with the consent of the accused; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against the accused[;], provided that the legislature may provide by law for the inadmissibility of privileged confidential communications between an alleged crime victim and the alleged crime victim's physician, psychologist, counselor or licensed mental health professional; to have compulsory process for obtaining witnesses in the accused's favor; and to have the assistance of counsel for the accused's defense. Juries, where the crime charged is serious, shall consist of twelve persons. The State shall provide counsel for an indigent defendant charged with an offense punishable by imprisonment."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall the Constitution of the State of Hawaii be amended to permit the legislature to provide by law for the inadmissibility of privileged confidential communications between an alleged crime victim and the alleged crime victim's physician, psychologist, counselor or licensed mental health professional?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored."