Report Title:

Constitutional Amendment; Admission of Evidence

 

Description:

Amends article I of the state constitution to provide that relevant evidence in criminal cases shall not be excluded except pursuant to the laws or constitution of the United States or a state statute.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

839

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

PROPOSING AN AMENDMENT TO ARTICLE I OF THE HAWAII CONSTITUTION.

 

 

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

 


     SECTION 1.  The purpose of criminal trials in the State of Hawaii ought to be to find the truth, to convict the guilty, and to free the innocent.  Admission, not exclusion, of relevant evidence furthers these goals.  The Constitution and laws of the United States, and statutes of the State of Hawaii duly enacted by the legislature, appropriately restrict the admission of relevant evidence in some circumstances.  The supreme court of Hawaii, however, has broadly interpreted Hawaii's constitution to require the exclusion of relevant evidence in criminal cases in ways that impede the truth-finding function of criminal trials.  This amendment prevents that type of exclusion of evidence, and makes clear that relevant evidence shall always be admitted in criminal trials unless exclusion of that evidence is pursuant to the United States Constitution or the laws of the United States or the State of Hawaii.

     Because the rules of evidence of the State of Hawaii are statutes of the State of Hawaii, this amendment will not affect the current rules of evidence.

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

"ADMISSIBILITY OF RELEVANT EVIDENCE IN CRIMINAL CASES

     Section   .  Any other provision of this constitution notwithstanding, relevant evidence shall never be excluded from evidence in criminal cases except pursuant to the laws or

Constitution of the United States or a State of Hawaii statute."

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

    "Shall Hawaii's constitution be amended to provide that relevant evidence shall never be excluded from evidence in criminal cases except pursuant to the laws or Constitution of the United States or a State of Hawaii statute?"

     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:

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By Request