03RS HB263


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HB 263 (BR 1251) - G. Lindsay

     AN ACT relating to the Kentucky Rules of Evidence.
     Amend KRE 412, relating to admissibility of character evidence in certain sex crime prosecutions, to expand the "shield" to alleged victims in all civil and criminal cases involving sexual misconduct, to provide that certain proffered evidence in criminal cases shall be admissible unless its probative value is substantially outweighed by the danger of unfair prejudice to the alleged victim, to provide that the prosecution may introduce such evidence in criminal cases if otherwise admissible under the rules of evidence, to provide that proffered evidence in civil cases shall be admissible only if its probative value substantially outweighs the danger of harm to an alleged victim and of unfair prejudice to any party, to provide that notice of an in camera hearing on the admissibility of such evidence in criminal or civil cases and a right to attend and be heard at such hearing shall be given to the alleged victim, and that a motion for such a hearing shall be filed at least fourteen days before trial; and amend KRE 608, relating to character evidence of witnesses, to allow personal opinion evidence to be offered to show character of truthfulness or untruthfulness, to limit admissibility of specific instances of conduct for those purposes to cross-examination unless otherwise admissible under KRE 609, and to clarify that a witness' privilege against self-incrimination is not waived when offering testimony which relates only to credibility.

     Feb 4-introduced in House
     Feb 5-to Judiciary (H)
     Feb 6-posted in committee
     Feb 12-reported favorably, 1st reading, to Calendar
     Feb 13-2nd reading, to Rules
     Feb 18-posted for passage in the Regular Orders of the Day for Wednesday, February 19, 2003
     Feb 20-3rd reading, passed 89-4
     Feb 21-received in Senate
     Feb 26-to Judiciary (S)
     Mar 4-reported without opinion; 1st reading, to Calendar
     Mar 5-2nd reading, to Rules; recommitted to Judiciary (S)
     Mar 6-reported favorably, to Rules as a Consent bill

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