STAND. COM. REP. NO.2440

Honolulu, Hawaii

, 2002

RE: S.B. No. 2125

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2125 entitled:

"A BILL FOR AN ACT RELATING TO EVIDENCE,"

begs leave to report as follows:

The purpose of this measure is to allow admission into evidence in domestic violence trials, prior acts of domestic violence.

Testimony in support of this measure was received from the, Hawaii State Coalition Against Domestic Violence, Domestic Violence Clearinghouse and Legal Hotline, and four private citizens. Testimony in opposition was received from the Public Defender and two private citizens. The Judiciary submitted comments on this measure.

This measure is intended to facilitate the prosecution of domestic violence cases. Your Committee believes that prior acts of domestic violence should be given special consideration by the court in determining whether to admit that evidence. Domestic violence perpetrators tend to have committed prior acts of violence which is highly relevant to the prosecution of the current case. Your Committee finds that this measure would not unduly prejudice the case against the defendant because the court must still determine if the evidence is sufficiently prejudicial to warrant exclusion.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2125 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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BRIAN KANNO, Chair