Evidence Rules

Permits evidence of statements regarding infliction or threat of
physical injury under certain conditions.

HOUSE OF REPRESENTATIVES                H.B. NO.1499       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 626-1, Hawaii Revised Statutes, is
 2 amended by adding a new rule to be appropriately designated and
 3 to read as follows:
 4      "Rule       Admissibility of statements regarding infliction
 5 or threat of physical injury.  (a)  Evidence of a statement by a
 6 declarant is not made inadmissible by the hearsay rule if all of
 7 the following conditions are met:
 8      (1)  The statement purports to narrate, describe, or explain
 9           the infliction or threat of physical injury upon the
10           declarant;
11      (2)  The declarant is unavailable as a witness, pursuant to
12           rule 804(a);
13      (3)  The statement was made at or near the time of the
14           infliction or threat of physical injury.  Evidence of
15           statements made more than five years before the filing
16           of the current action or proceeding shall be
17           inadmissible under this section;
18      (4)  The statement was made under circumstances that would
19           indicate its trustworthiness; and

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 1      (5)  The statement was made in writing, was electronically
 2           recorded, or was made to a law enforcement officer as
 3           defined in section 710-1000(13).
 4      (b)  For purposes of subsection (a)(4), circumstances
 5 relevant to the issue of trustworthiness include, but are not
 6 limited to, the following:
 7      (1)  Whether the statement was made in contemplation of
 8           pending or anticipated litigation in which the
 9           declarant was interested;
10      (2)  Whether the declarant has a bias or motive for
11           fabricating the statement, and the extent of any bias
12           or motive; or
13      (3)  Whether the statement is corroborated by evidence other
14           than statements that are admissible only pursuant to
15           this section.
16      (c)  A statement is admissible pursuant to this section only
17 if the proponent of the statement makes known to the adverse
18 party the intention to offer the statement and the particulars of
19 the statement sufficiently in advance of the proceedings in order
20 to provide the adverse party with a fair opportunity to prepare
21 to meet the statement."
22      SECTION 2.  This Act shall apply to actions, cases, and
23 proceedings brought on or after January 1, 2000; provided that

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                                     H.B. NO.1499       

 1 the rules shall also apply to further procedure in actions,
 2 cases, and proceedings then pending, except to the extent that
 3 application of the rules would not be feasible, or would work
 4 injustice, in which event former evidentiary rules or principles
 5 shall apply.
 6      SECTION 3.  New statutory material is underscored.
 7      SECTION 4.  This Act shall take effect on January 1, 2000.
 9                              INTRODUCED BY:______________________