Report Title:

Amendments to the Hawaii Constitution

Description:

Proposes a constitutional amendment to allow the legislature to pass legislation to: (1) provide that the prior sexual history of an alleged sexual assault victim is inadmissible in court; and (2) establish the inadmissibility of privileged confidential communications between an alleged crime victim and the alleged victim's physician, psychologist, counselor, or licensed mental health professional. (SD1)

THE SENATE

S.B. NO.

2846

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AMENDMENTS TO ARTICLE I, SECTION 14, OF THE HAWAII CONSTITUTION.

 

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

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, to the extent permitted under the Constitution of the United States, the legislature to pass legislation to provide that the prior sexual history of an alleged sexual assault victim is inadmissible and legislation establishing 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, to the extent permitted under the Constitution of the United States, the legislature may provide by law for the inadmissibility of the prior sexual history of an alleged sexual assault victim and 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, to the extent permitted under the Constitution of the United States, the legislature to pass legislation to provide that the prior sexual history of an alleged sexual assault victim is inadmissible and legislation establishing 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.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.