§708-802  Property recovered in offenses
against property rights.  Identification of an item of property
recovered for violation of chapter 708, may be made by photographing the item
and authentication of the content of the photograph.  Such photograph shall be
deemed competent evidence of the item photographed and admissible in any
proceeding, hearing, or trial for violation of the chapter.



Provided, however, that nothing in this section
shall be construed to limit or to restrict the application of Rule 901 of the
Hawaii Rules of Evidence. [L 1981, c 124, §1; am L 1990, c 194, §1]



 



COMMENTARY ON §708-802



 



  Act 124, Session Laws 1981, added this section to enable
victims of burglary, theft, and related offenses to obtain the quick return of
their property recovered by the police and at the same time to insure the
availability of competent evidence at trial.



  Act 194, Session Laws 1990, amended this section to expand
the type of property which may be photographed for evidence in a court
proceeding.  The legislature felt this amendment would allow victims of
property crimes, not previously covered, to obtain their property quickly from
the police.  House Standing Committee Report No. 1186-90.