REPORT TITLE:
Evidence, Similar Acts


DESCRIPTION:
Provides for admission of similar acts against same person in
certain criminal cases.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           593
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE HAWAII RULES OF EVIDENCE.
 


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

 1      SECTION 1.  Section 626-1, Hawaii Revised Statutes, is
 
 2 amended by amending rule 404 to read as follows:
 
 3      "Rule 404  Character evidence not admissible to prove
 
 4 conduct; exceptions; other crimes.  (a)  Character evidence
 
 5 generally.  Evidence of a person's character or a trait of a
 
 6 person's character is not admissible for the purpose of proving
 
 7 action in conformity therewith on a particular occasion, except:
 
 8      (1)  Character of accused.  Evidence of a pertinent trait of
 
 9           character of an accused offered by an accused, or by
 
10           the prosecution to rebut the same;
 
11      (2)  Character of victim.  Evidence of a pertinent trait of
 
12           character of the victim of the crime offered by an
 
13           accused, or by the prosecution to rebut the same, or
 
14           evidence of a character trait of peacefulness of the
 
15           victim offered by the prosecution in a homicide case to
 
16           rebut evidence that the victim was the first aggressor;
 
17      (3)  Character of witness.  Evidence of the character of a
 
18           witness, as provided in rules 607, 608, 609, and 609.1.
 
19      (b)  Other crimes, wrongs, or acts.  Evidence of other
 

 
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                                     S.B. NO.           593
                                                        
                                                        

 
 1 crimes, wrongs, or acts is not admissible to prove the character
 
 2 of a person in order to show action in conformity therewith.  It
 
 3 may[, however,] be admissible, however, where [such] the evidence
 
 4 is probative of another fact that is of consequence to the
 
 5 determination of the action, such as proof of motive,
 
 6 opportunity, intent, preparation, plan, knowledge, identity,
 
 7 modus operandi, or absence of mistake or accident.  [In criminal
 
 8 cases, the proponent of evidence to be offered under this
 
 9 subsection shall provide reasonable notice in advance of trial,
 
10 or during trial if the court excuses pretrial notice on good
 
11 cause shown, of the date, location, and general nature of any
 
12 such evidence it intends to introduce at trial.]
 
13      (c)  Similar acts against same person.  Evidence of other
 
14 similar acts committed by the accused against the same victim may
 
15 be admissible:
 
16      (1)  In felony cases under chapter 707 or misdemeanor cases
 
17           under chapter 709 to prove action in conformity
 
18           therewith; or
 
19      (2)  In self-defense cases to prove that the alleged victim
 
20           was the first aggressor.
 
21      (d)  Notice provision.  In criminal cases, the proponent of
 
22 evidence to be offered under subsection (b) or (c) shall provide
 
23 reasonable notice in advance of trial, or during trial if the
 

 
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                                     S.B. NO.           593
                                                        
                                                        

 
 1 court excuses pretrial notice on good cause shown, of the date,
 
 2 location, and general nature of any such evidence it intends to
 
 3 introduce at trial."
 
 4      SECTION 2.  This Act does not affect rights and duties that
 
 5 matured, penalties that were incurred, and proceedings that were
 
 6 begun, before its effective date.
 
 7      SECTION 3.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 4.  This Act shall take effect upon its approval.
 
10 
 
11                           INTRODUCED BY:  _______________________