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HI SB764
Bill
Status
1/23/2015
Primary Sponsor
Maile Shimabukuro
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AI Summary
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Amends Hawaii Rules of Evidence Rule 1102 to allow courts to instruct juries about prosecution's failures to disclose evidence as required by Hawaii rules of penal procedure.
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When a court finds that prosecution intentionally or knowingly failed to disclose required information or materials, the court may inform the jury of this failure.
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Directs juries to consider the prosecution's failure to disclose evidence as relevant to their deliberations when determining whether reasonable doubt exists.
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Preserves all other legal remedies available for prosecution's failure to disclose evidence.
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Takes effect upon approval and does not affect proceedings that began before the effective date.
Legislative Description
Hawaii Rules of Evidence; Instructions to Jury
Last Action
The committee on JDL deferred the measure.
2/25/2015