S-5167

   Amend House File 2397, as passed by the House, as follows:
   1.  Page 1, by striking lines 1 through 18 and inserting: 
   <Sec. ___.  NEW SECTION.  671A.1  Limitation on admissibility of evidence.
   1.  Witness’s character for truthfulness or untruthfulness.
   a.  Reputation or opinion evidence.  A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.
   b.  Specific instances of conduct.  Except for a criminal conviction under subsection 2, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of:
   (1)  The witness; or
   (2)  Another witness whose character the witness being cross-examined has testified about.   By testifying on another matter, a witness does not waive any privilege against self-incrimination for testimony that relates only to the witness’s character for truthfulness.
   2.  Impeachment by evidence of a criminal conviction.
   a.  In general.  The following apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction:
   (1)  For a crime that in the convicting jurisdiction was punishable by death or by imprisonment for more than one year, the evidence:
   (a)  Must be admitted, unless the court determines it must be excused on grounds of prejudice, confusion, waste of time, or other reasons, in a civil case or in a criminal case in which the witness is not a defendant.
   (b)  Must be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs its prejudicial effect to that defendant.
   (2)  For any crime regardless of the punishment, the evidence must be admitted if the crime involved dishonesty or false statement.
   b.  Limit on using the evidence after ten years.  This paragraph applies if more than ten years have passed since the witness’s conviction or release from confinement for it, whichever is later. Evidence of the conviction is admissible only if:
   (1)  Its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and
   (2)  The proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use.
   c.  Effect of pardon, annulment, or certificate of rehabilitation.  Evidence of a conviction is not admissible if:
   (1)  The conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated, and the person has not been convicted of a later crime punishable by death or by imprisonment for more than one year; or
   (2)  The conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.
   d.  Juvenile adjudications.  Evidence of a juvenile adjudication is admissible under this rule only if:
   (1)  It is offered in a criminal case;
   (2)  The adjudication was of a witness other than the defendant;
   (3)  An adult’s conviction for that offense would be admissible to attack the adult’s credibility; and
   (4)  Admitting the evidence is necessary to fairly determine guilt or innocence.
   e.  Pendency of an appeal.  A conviction that satisfies this rule is admissible even if an appeal is pending. Evidence of the pendency of the appeal is also admissible.
   2.  Title page, lines 1 and 2 by striking <of an employee’s criminal history in civil actions>
   3.  By renumbering as necessary.

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NATE BOULTON