Hawaii 2023 Regular Session

Hawaii Senate Bill SB787

Introduced
1/20/23  

Caption

Relating To The Employees Retirement System.

Impact

This bill introduces significant changes to the existing retirement benefits structure for state and county employees. If enacted, it would empower courts to order the forfeiture of all benefits for individuals found guilty of felonies connected to their employment. This measure is believed to address concerns over misconduct among public officers, emphasizing accountability and ethical conduct in government roles.

Summary

Senate Bill 787 seeks to amend the Hawaii Revised Statutes regarding the forfeiture of retirement benefits for public employees. Specifically, the bill addresses situations where an employee, upon conviction of an employment-related felony, may face forfeiture of their retirement system benefits. This legislation aims to reinforce the public's trust in government by ensuring that individuals convicted of misconduct related to their public service do not retain the retirement benefits that they would otherwise receive.

Contention

While proponents of SB787 advocate for the amendment as a necessary step to uphold ethical standards among public employees, critics may argue that such forfeiture measures could be overly punitive. Detractors might contend that the bill could disincentivize individuals from seeking employment in public service due to fear of potential penalties linked to felony convictions, even in cases of minor infractions. Additionally, there may be concerns over the legal implications of determining what constitutes an 'employment-related' felony, as this could lead to varying interpretations and applications in courts.

Companion Bills

No companion bills found.

Similar Bills

HI SB149

Relating To Property Forfeiture.

KS HB2396

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS SB237

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS HB2380

Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

LA SB359

Provides for civil forfeiture reform. (8/1/22)

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

HI HB1965

Relating To Property Forfeiture.