Hawaii 2023 Regular Session

Hawaii House Bill HB710

Introduced
1/23/23  
Refer
1/30/23  
Report Pass
3/2/23  
Engrossed
3/7/23  
Refer
3/10/23  
Report Pass
3/24/23  
Refer
3/24/23  
Report Pass
4/6/23  
Report Pass
4/27/23  
Report Pass
4/27/23  
Enrolled
5/2/23  
Chaptered
6/30/23  

Caption

Relating To Government.

Impact

The proposed amendments could significantly impact how the judiciary handles cases involving obstruction. By imposing stricter definitions and penalties, the bill signifies an intent to enhance accountability within legal proceedings. Particularly concerning are the classifications of offenses based on the degree of coercion or influence exerted, indicating that lawmakers see a need to protect the justice system from any attempts to interfere with duly administered proceedings. The amendments also delineate that individuals charged under the obstruction clause would not be eligible for deferred acceptance of guilty pleas, further tightening the legal repercussions associated with these offenses.

Summary

House Bill 710 aims to strengthen the legal framework surrounding the offense of obstruction of justice within the state of Hawaii. The bill proposes an amendment to section 710-1072.5 of the Hawaii Revised Statutes. It defines obstruction of justice as actions intended to influence, obstruct, impede, or endeavoring to influence the due administration of justice through means of coercion, fraud, or force, thereby elevating the significance of such offenses. Under the new proposal, obstruction of justice is classified as a class C felony, with engagements involving coercive acts elevated to a class B felony. This augmentation elucidates the state’s uncompromising stance against illicit influences on the judiciary process, emphasizing legal integrity as paramount for equitable governance.

Sentiment

The sentiment surrounding HB 710 appears to be largely supportive among legislators who see this bill as necessary for maintaining the rule of law. Lawmakers advocating for the bill argue that stronger measures against obstruction are critical to ensuring justice is served without undue influence. However, there is an undercurrent of concern among some factions regarding the potential for overreach and the implications this might have on witness testimonies and defendants’ rights. As with many legislative changes, there are proponents warning of the possibility for inadvertent consequences stemming from enhanced penalties, which could disproportionately affect individuals navigating the legal landscape.

Contention

Notable points of contention primarily revolve around the definitions set forth in the bill. Critics argue that the definitions of obstruction may be too broad, potentially endangering innocent individuals who might inadvertently be swept into legal troubles due to misunderstandings related to their conduct. Furthermore, the push for harsher penalties raises questions about fairness in legal proceedings and whether it could dissuade individuals from coming forward to testify or share necessary information in the pursuit of justice. Balancing stringent measures against obstruction while safeguarding individual rights remains a delicate discussion as the bill progresses.

Companion Bills

HI SB1422

Same As Relating To Government.

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