Page:United States Statutes at Large Volume 84 Part 1.djvu/609

 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

"(b)(1) Except as provided in paragraph (2), for the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a criminal offense shall be admitted if offered, either upon the cross-examination of the witness or by evidence aliunde, but only if the criminal offense (A) was punishable by death or imprisonment in excess of one year under the law under which he was convicted, or (B) involved dishonesty or false statement (regardless of punishment). A party establishing conviction by means of crossexamination shall not be bound by the witness' answers as to matters relating to the conviction. "(2)(A) Evidence of a conviction of a witness is inadmissible under this section if— " (i) the conviction has been the subject of a pardon, annulment, or other equivalent procedure granted or issued on the basis of innocence, or "(ii) the conviction has been the subject of a certificate of rehabilitation or its equivalent and such witness has not been convicted of a subsequent criminal offense. " (B) I n addition, no evidence of any conviction of a witness is admissible under this section if a period of more than ten years has elapsed since the later of (i) the date of the release of the witness from confinement imposed for his most recent conviction of any criminal offense, or (ii) the expiration of the period of his parole, probation, or sentence granted or imposed with respect to his most recent conviction of any criminal offense. "(c) For purposes of this section, to prove conviction of crime it is not necessary to produce the whole record of the proceedings containing the conviction, but the certificate, under seal, of the clerk of the court wherein the proceedings were had, stating the fact of the conviction and for what cause, shall be sufficient. " (d) The pendency of an appeal from a conviction does not render evidence of that conviction inadmissible under this section. Evidence of the pendency of such an appeal is admissible." (b) The item relating to section 14-305 in the analysis of chapter 3 of such title 14 is amended to read as follows:

551

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"14-305. Competency of witnesses; impeachment by evidence of conviction of crime." PARTD—CONFORMING AMENDMENTS

Subpart 1—Amendments to District of Columbia Code AMENDMENTS TO TITUJ 12

SEC. 141. Title 12 of the District of Columbia Code is amended as J^V^'n" i^'Vo. follows: 101. (1) Section 12-102 is amended to read as follows: "§ 12-102. Substitution of parties "The substitution of parties in civil actions in the United States District Court for the District of Columbia and the Superior Court of the District of Columbia is governed by the Federal Rules of Civil Procedure." 28 USC app. (2) Section 12-309 is amended by striking out "Board of Commissioners" and inserting in lieu thereof "Commissioner".

47-348 O - 72 - 39 (Pt. 1)

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