Hawaii 2024 Regular Session

Hawaii Senate Bill SB787

Introduced
1/20/23  
Refer
1/25/23  
Introduced
1/20/23  

Caption

Relating To The Employees Retirement System.

Impact

If enacted, SB787 would directly impact state laws concerning the Employees' Retirement System by allowing courts to order the forfeiture of retirement benefits connected to felony convictions related to one’s employment. The bill aims to maintain public confidence in government institutions by ensuring that individuals who engage in criminal conduct while in public service do not retain the financial benefits of their employment. It targets violations that compromise the integrity expected of public officers and employees.

Summary

SB787 proposes amendments to the Hawaii Revised Statutes regarding the forfeiture of retirement benefits from the Employees' Retirement System (ERS). The bill specifically aims to ensure that state and county employees, as well as their designated beneficiaries, may face the forfeiture of all retirement benefits upon conviction of an employment-related felony. This measure is intended to uphold public trust in government and deter misconduct among public servants by ensuring accountability linked to their benefits.

Contention

One notable point of contention surrounding the bill may arise from its implications on civil rights and the potential for excessive penalties. Critics may argue that automatic forfeiture of all retirement benefits for felony convictions could unduly harsh penalties, especially in cases where the conviction may not be directly related to misconduct in public service. Furthermore, the bill specifies that designated beneficiaries of individuals who are convicted under the same circumstances will also be barred from receiving benefits, which raises concerns about fairness and proportional punishment. Discussions regarding these potential issues may shape legislative debate as the bill progresses.

Companion Bills

HI SB787

Carry Over Relating To The Employees Retirement System.

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.