STAND. COM. REP. NO. 1464_______

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 829
                                     S.D. 1
                                     H.D. 1



Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred S.B. No. 829, S.D. 1 entitled: 

     "A BILL FOR AN ACT RELATING TO THE HAWAII RULES OF
     EVIDENCE,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to conform the Hawaii Rules of Evidence to the current Federal
Rules of Evidence with respect to sex offense cases and the
relevance of the victim's past behavior.

     Your Committee received testimony in support of the bill
from the Hawaii State Commission on the Status of Women, the
Hawai'i Civil Rights Commission, the Sex Abuse Treatment Center,
the National Employment Lawyers Association (Hawai'i Chapter),
the Hawaii Women Lawyers and concerned individuals.  Comments
were received from the Supreme Court Standing Committee on
Hawai'i Rules of Evidence and concerned individuals.

     Your Committee finds that changes to the Hawaii Rules of
Evidence will foster fair resolution of cases involving
allegations of sexual misconduct. In addition, appropriate
changes will provide further protection for women and children
who are victims of sexual harassment.

     Your Committee has amended this bill by:

     (1)  Deleting provisions relating to Rule 415;

 
 
                                 STAND. COM. REP. NO. 1464_______
                                 Page 2

 
     (2)  Clarifying the purpose clause;

     (3)  Deleting provisions relating to civil actions as
          proposed in the measure;

     (4)  Providing that in any civil action alleging conduct
          which constitutes a sexual offense or sexual
          harassment, evidence of specific instances of
          plaintiff's sexual conduct is not admissible by the
          defendant to prove consent by the plaintiff, unless the
          injury alleged by the plaintiff is in the nature of
          loss of consortium;
     
     (5)  Providing that in any civil action alleging conduct
          which constitutes a sexual offense or sexual
          harassment, if the plaintiff introduces evidence that
          relates to the plaintiff's sexual conduct, the
          defendant may cross-examine the witness and offer
          relevant evidence that is limited specifically to the
          rebuttal of the evidence introduced; and

     (6)  Providing that in civil cases, Rule 412 does not make
          inadmissable evidence offered to attack the credibility
          of the plaintiff.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 829, S.D. 1,as amended herein, and recommends
that it pass Second Reading in the form attached hereto as S.B.
No. 829, S.D. 1, H.D. 1, and be placed on the calendar for Third
Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   PAUL T. OSHIRO, Chair