Report Title:

Criminal defendant testimony; ConAm

 

Description:

Would permit the impeachment of a testifying criminal defendant with evidence of prior convictions for crimes involving dishonesty (ConAm).

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1238

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII RELATING TO TESTIMONY OF DEFENDANTS IN CRIMINAL CASES.

 

 

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 XVI of the Constitution of the State of Hawaii to provide that, in a criminal case, evidence that a testifying defendant has been convicted of a crime involving dishonesty shall be admissible to assist the jury or judge in evaluating the credibility of the defendant to the same extent as with any other testifying witness.  The amendment of article XVI is intended to overrule the 1971 decision of the Hawaii supreme court in the case of State v. Santiago, 53 Haw. 254 (1971), which held that the due process clause of the Hawaii Constitution barred the introduction of a criminal case defendant's prior convictions to assist the trier of fact in evaluating that defendant's credibility.

     Some impeachment of defendants with convictions is permitted in federal court, as it is consistent with the United States Constitution, and it is permitted in the courts of almost all of our sister states.  Hawaii's strict policy of prohibiting all use of prior convictions to impeach a defendant (unless the defendant puts the defendant's credibility at issue), while at the same time allowing victims and all other witness to be so impeached, is virtually unique.

     Victims of crime and other witnesses in Hawaii can be, and are, impeached with evidence of prior convictions:  so should those accused of crimes when they choose to become witnesses in their own trials.  The legislature finds that, because evidence of prior convictions can be used to impeach victims and other witnesses, then correspondingly, for those defendants who choose to testify in their own trial, similar impeachment of these defendants with evidence of prior convictions of crimes involving dishonesty should also be allowed.  This would help, rather than impede, the truth-finding function.

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

"TESTIMONY OF DEFENDANTS IN CRIMINAL CASES

     Section   .  In a criminal case, evidence that a testifying defendant has been convicted of a crime involving dishonesty shall be admissible to assist the jury or judge in evaluating the credibility of the defendant to the same extent as with any other testifying witness."

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

"Shall evidence that a testifying defendant in a criminal case has been convicted of a crime involving dishonesty be admissible to assist the jury or judge in evaluating the credibility of the defendant to the same extent as with any other testifying witness?"

     SECTION 4.  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:

_____________________________

 

 

BY REQUEST