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HI HB1326

Bill

Status

Engrossed

3/9/2021

Primary Sponsor

Scot Matayoshi

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

  • Creates a narrow hearsay exception allowing statements made by domestic violence victims during their first interaction with responding law enforcement officers and before defendant arrest to be admitted as evidence, regardless of the victim's availability to testify.

  • Requires victim statements to have "sufficient indicia of reliability" as determined by the trial judge, considering the victim's personal knowledge, corroboration by other evidence, timing of the statement, and whether leading questions were used.

  • Specifies that statements are inadmissible if their primary purpose was producing trial evidence rather than enabling assistance to meet an ongoing emergency.

  • Provides that victim recantation alone is insufficient reason to deny admission of a statement absent other factors indicating unreliability.

  • Takes effect upon approval and does not affect rights, duties, or proceedings that began before the effective date.

Legislative Description

Relating To Domestic Violence.

Domestic Violence

Last Action

Received notice of appointment of House conferees (Hse. Com. No. 560).

4/19/2021

Committee Referrals

Judiciary3/11/2021
Judiciary & Hawaiian Affairs2/1/2021

Full Bill Text

No bill text available