STAND. COM. REP. NO.  394

 

Honolulu, Hawaii

                , 2007

 

RE:   H.B. No. 1249

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 1249 entitled:

 

"A BILL FOR AN ACT RELATING TO APPEALS,"

 

begs leave to report as follows:

 

     The purpose of this bill is to preclude appeals based upon erroneous jury instructions unless the alleged error was:

 

     (1)  Objected to when it was committed; or

 

     (2)  Brought to the attention of the court in an appropriate        manner before the jury had retired to consider its             verdict.

 

The court may consider the alleged error if it seriously affected  the fairness, integrity, or reputation of the trial and likely affected its outcome.

 

     The Department of the Attorney General, County of Maui Department of the Prosecuting Attorney, County of Hawaii Police Department, and the City and County of Honolulu Department of the Prosecuting Attorney testified in support of this bill.  The Office of the Public Defender opposed this measure.

 

     Your Committee finds that the proposed change to the right of appeal based upon erroneous jury instructions is a departure from accepted practice which entrusts the court with making correct decisions on jury instructions affecting the defendant's substantial rights.  However, your Committee believes that discussion should continue on this matter.

 

     Your Committee has amended this bill by:

 

     (1)  Inserting a defective date of January 1, 2050; and

 

     (2)  Making technical, nonsubstantive amendments for clarity,      consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1249, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1249, H.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

 

____________________________

TOMMY WATERS, Chair