THE SENATE S.B. NO. 227 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to public corruption. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
THE SENATE S.B. NO. 227
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII
THE SENATE
S.B. NO.
227
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII
A BILL FOR AN ACT
relating to public corruption.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 710-1040, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows: "(4) Bribery is a class B felony[.]; provided that bribery is a class A felony if: (a) The public servant is an elected or appointed official; (b) The value, or aggregate value, of the pecuniary benefit described in subsection (1)(a) or (1)(b) exceeds $20,000; or (c) The person commits three or more acts of bribery as described in subsection (1)(a) or (1)(b) in a three‑year period. (5) A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853." SECTION 2. Section 710-1072.5, Hawaii Revised Statutes, is amended to read as follows: "§710-1072.5 Obstruction of justice. (1) A person commits the offense of obstruction of justice if the person intentionally [engages in the following conduct]: (a) When called as a witness and having been granted immunity pursuant to chapters 480 and 621C, before or after having been qualified as a witness, [shall refuse] refuses to testify or be qualified as a witness when duly directed to testify or be qualified as a witness[.]; or (b) Influences; obstructs; impedes; or endeavors to influence, obstruct, or impede, the due administration of justice by means of force, threat of force, coercion, fraud, or deception. (2) Obstruction of justice is a class [C] B felony. A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853." SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ By Request
SECTION 1. Section 710-1040, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:
"(4) Bribery is a class B felony[.]; provided that bribery is a class A felony if:
(a) The public servant is an elected or appointed official;
(b) The value, or aggregate value, of the pecuniary benefit described in subsection (1)(a) or (1)(b) exceeds $20,000; or
(c) The person commits three or more acts of bribery as described in subsection (1)(a) or (1)(b) in a three‑year period.
(5) A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853."
SECTION 2. Section 710-1072.5, Hawaii Revised Statutes, is amended to read as follows:
"§710-1072.5 Obstruction of justice. (1) A person commits the offense of obstruction of justice if the person intentionally [engages in the following conduct]:
(a) When called as a witness and having been granted immunity pursuant to chapters 480 and 621C, before or after having been qualified as a witness, [shall refuse] refuses to testify or be qualified as a witness when duly directed to testify or be qualified as a witness[.]; or
(b) Influences; obstructs; impedes; or endeavors to influence, obstruct, or impede, the due administration of justice by means of force, threat of force, coercion, fraud, or deception.
(2) Obstruction of justice is a class [C] B felony. A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853."
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: _____________________________
By Request
INTRODUCED BY:
_____________________________
By Request
Report Title: Honolulu Prosecuting Attorney Package; Public Corruption; Bribery; Offenses; Penalties Description: Increases the penalties for bribery under certain circumstances. Amends the offense of obstruction of justice to include obstruction by force, threat of force, coercion, fraud, or deception. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
Honolulu Prosecuting Attorney Package; Public Corruption; Bribery; Offenses; Penalties
Description:
Increases the penalties for bribery under certain circumstances. Amends the offense of obstruction of justice to include obstruction by force, threat of force, coercion, fraud, or deception.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.