Report Title:

Amendments to the Hawaii Constitution

Description:

Proposes a constitutional amendment to allow the Legislature to pass legislation: (1) permitting witnesses, including criminal defendants, to be impeached with evidence of prior felony convictions and convictions involving dishonesty; and (2) allowing criminal defendants' otherwise excludable statements to be admitted into evidence in criminal trials if the defendant testifies.

THE SENATE

S.B. NO.

2847

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AMENDMENTS TO ARTICLE I, SECTION 5, 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 5, 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 permitting witnesses to be impeached with evidence of prior felony convictions and evidence of prior convictions for crimes involving dishonesty, including impeachment of defendants who testify in their own criminal trial, and legislation allowing criminal defendants' otherwise excludable statements to be admitted into evidence in criminal trials if the defendant testifies.

SECTION 2. Article I, section 5, of the Constitution of the State of Hawaii is amended to read as follows:

"DUE PROCESS AND EQUAL PROTECTION

Section 5. No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person's civil right or be discriminated against in the exercise thereof because of race, religion, sex or ancestry[.]; provided that, to the extent permitted under the Constitution of the United States, the legislature may provide by law that witnesses may be impeached with evidence of prior felony convictions and evidence of prior convictions for crimes involving dishonesty, including impeachment of defendants who testify in their own criminal trial, and the legislature may provide by law that criminal defendants' otherwise excludable statements may be admitted into evidence in criminal trials if the defendant testifies."

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 permitting witnesses to be impeached with evidence of prior felony convictions and evidence of prior convictions for crimes involving dishonesty, including impeachment of defendants who testify in their own criminal trial, and legislation allowing criminal defendants' otherwise excludable statements to be admitted into evidence in criminal trials if the defendant testifies?"

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.

INTRODUCED BY:

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BY REQUEST