Hawaii 2025 Regular Session

Hawaii House Bill HB390 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 390 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to bribery. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 390
4	4	THIRTY-THIRD LEGISLATURE, 2025
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9	9	H.B. NO.
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11	11	390
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to bribery.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 710-1040, Hawaii Revised Statutes, is amended to read as follows: "§710-1040 Bribery. (1) A person commits the offense of bribery if: (a) The person confers, or offers or agrees to confer, directly or indirectly, any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in the public servant's official capacity; or (b) While a public servant, the person solicits, accepts, or agrees to accept, directly or indirectly, any pecuniary benefit with the intent that the person's vote, opinion, judgment, exercise of discretion, or other action as a public servant will thereby be influenced. (2) It is a defense to a prosecution under subsection (1) that the accused conferred or agreed to confer the pecuniary benefit as a result of extortion or coercion. (3) For purposes of this section, "public servant" includes in addition to persons who occupy the position of public servant as defined in section [[]710-1000[]], persons who have been elected, appointed, or designated to become a public servant although not yet occupying that position. (4) Bribery is a class 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. (5) Notwithstanding subsection (4), bribery is a class A felony without the possibility of probation or suspension of sentence if: (a) The public servant is an elected or appointed official; (b) The value, or aggregate value, of the pecuniary benefit described in subsections (1)(a) or (1)(b) exceeds $20,000; or (c) The person commits three or more acts of bribery as described in subsections (1)(a) or (1)(b) in any three-year period. (6) Notwithstanding any law to the contrary, a person convicted under this section shall not be eligible for deferred acceptance of guilty plea or nolo contendere plea under chapter 853." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. 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. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ By Request
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49	49	SECTION 1. Section 710-1040, Hawaii Revised Statutes, is amended to read as follows:
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51	51	"§710-1040 Bribery. (1) A person commits the offense of bribery if:
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53	53	(a) The person confers, or offers or agrees to confer, directly or indirectly, any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in the public servant's official capacity; or
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55	55	(b) While a public servant, the person solicits, accepts, or agrees to accept, directly or indirectly, any pecuniary benefit with the intent that the person's vote, opinion, judgment, exercise of discretion, or other action as a public servant will thereby be influenced.
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57	57	(2) It is a defense to a prosecution under subsection (1) that the accused conferred or agreed to confer the pecuniary benefit as a result of extortion or coercion.
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59	59	(3) For purposes of this section, "public servant" includes in addition to persons who occupy the position of public servant as defined in section [[]710-1000[]], persons who have been elected, appointed, or designated to become a public servant although not yet occupying that position.
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61	61	(4) Bribery is a class 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.
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63	63	(5) Notwithstanding subsection (4), bribery is a class A felony without the possibility of probation or suspension of sentence if:
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65	65	(a) The public servant is an elected or appointed official;
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67	67	(b) The value, or aggregate value, of the pecuniary benefit described in subsections (1)(a) or (1)(b) exceeds $20,000; or
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69	69	(c) The person commits three or more acts of bribery as described in subsections (1)(a) or (1)(b) in any three-year period.
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71	71	(6) Notwithstanding any law to the contrary, a person convicted under this section shall not be eligible for deferred acceptance of guilty plea or nolo contendere plea under chapter 853."
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73	73	SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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75	75	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.
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77	77	SECTION 4. New statutory material is underscored.
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79	79	SECTION 5. This Act shall take effect upon its approval.
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83	83	INTRODUCED BY: _____________________________
84	84	By Request
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86	86	INTRODUCED BY:
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88	88	_____________________________
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92	92	By Request
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94	94	Report Title: Honolulu Prosecuting Attorney Package; Criminal Offenses; Bribery Description: Establishes heightened penalties for the offense of bribery, under certain circumstances. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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102	102	Report Title:
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104	104	Honolulu Prosecuting Attorney Package; Criminal Offenses; Bribery
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108	108	Description:
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110	110	Establishes heightened penalties for the offense of bribery, under certain circumstances.
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118	118	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.