CONFERENCE COMMITTEE REP. 26-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2817

H.D. 1

S.D. 1

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2817, H.D. 1, S.D. 1, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to clarify the physician-patient and psychologist-client privileges and to provide a hearsay exception for certified records in the Rules of Evidence.

Your Committee on Conference has amended this bill by:

(1) Amending the definition of "psychologist" to mean a person authorized to engage in the diagnosis or treatment of a mental or emotional condition so that this definition is consistent with the definitions of "attorney" and "physician," which also use the term "authorized," for the corresponding evidentiary privileges; and

(2) Amending the definition of "statement" to include an assertion in a writing as opposed to an assertion in writing.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2817, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2817, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

BRIAN KANNO, Chair

____________________________

BLAKE K. OSHIRO, Chair