House File 2397 S-5167 Amend House File 2397, as passed by the House, as follows: 1 1. Page 1, by striking lines 1 through 18 and inserting: 2 < Sec. ___. NEW SECTION . 671A.1 Limitation on admissibility 3 of evidence. 4 1. Witness’s character for truthfulness or untruthfulness. 5 a. Reputation or opinion evidence. A witness’s credibility 6 may be attacked or supported by testimony about the witness’s 7 reputation for having a character for truthfulness or 8 untruthfulness, or by testimony in the form of an opinion 9 about that character. But evidence of truthful character is 10 admissible only after the witness’s character for truthfulness 11 has been attacked. 12 b. Specific instances of conduct. Except for a criminal 13 conviction under subsection 2, extrinsic evidence is not 14 admissible to prove specific instances of a witness’s conduct 15 in order to attack or support the witness’s character for 16 truthfulness. But the court may, on cross-examination, allow 17 them to be inquired into if they are probative of the character 18 for truthfulness or untruthfulness of: 19 (1) The witness; or 20 (2) Another witness whose character the witness being 21 cross-examined has testified about. 22 By testifying on another matter, a witness does not waive any 23 privilege against self-incrimination for testimony that relates 24 only to the witness’s character for truthfulness. 25 2. Impeachment by evidence of a criminal conviction. 26 a. In general. The following apply to attacking a 27 witness’s character for truthfulness by evidence of a criminal 28 conviction: 29 (1) For a crime that in the convicting jurisdiction was 30 punishable by death or by imprisonment for more than one year, 31 the evidence: 32 (a) Must be admitted, unless the court determines it must be 33 excused on grounds of prejudice, confusion, waste of time, or 34 other reasons, in a civil case or in a criminal case in which 35 -1- HF2397.4648 (1) 87 asf/rj 1/ 3 #1.

the witness is not a defendant. 1 (b) Must be admitted in a criminal case in which the 2 witness is a defendant, if the probative value of the evidence 3 outweighs its prejudicial effect to that defendant. 4 (2) For any crime regardless of the punishment, the evidence 5 must be admitted if the crime involved dishonesty or false 6 statement. 7 b. Limit on using the evidence after ten years. This 8 paragraph applies if more than ten years have passed since 9 the witness’s conviction or release from confinement for it, 10 whichever is later. Evidence of the conviction is admissible 11 only if: 12 (1) Its probative value, supported by specific facts and 13 circumstances, substantially outweighs its prejudicial effect; 14 and 15 (2) The proponent gives an adverse party reasonable written 16 notice of the intent to use it so that the party has a fair 17 opportunity to contest its use. 18 c. Effect of pardon, annulment, or certificate of 19 rehabilitation. Evidence of a conviction is not admissible if: 20 (1) The conviction has been the subject of a pardon, 21 annulment, certificate of rehabilitation, or other equivalent 22 procedure based on a finding that the person has been 23 rehabilitated, and the person has not been convicted of a later 24 crime punishable by death or by imprisonment for more than one 25 year; or 26 (2) The conviction has been the subject of a pardon, 27 annulment, or other equivalent procedure based on a finding of 28 innocence. 29 d. Juvenile adjudications. Evidence of a juvenile 30 adjudication is admissible under this rule only if: 31 (1) It is offered in a criminal case; 32 (2) The adjudication was of a witness other than the 33 defendant; 34 (3) An adult’s conviction for that offense would be 35 -2- HF2397.4648 (1) 87 asf/rj 2/ 3

admissible to attack the adult’s credibility; and 1 (4) Admitting the evidence is necessary to fairly determine 2 guilt or innocence. 3 e. Pendency of an appeal. A conviction that satisfies this 4 rule is admissible even if an appeal is pending. Evidence of 5 the pendency of the appeal is also admissible. 6 2. Title page, lines 1 and 2 by striking < of an employee’s 7 criminal history in civil actions > 8 3. By renumbering as necessary. 9 ______________________________ NATE BOULTON -3- HF2397.4648 (1) 87 asf/rj 3/ 3 #2. #3.