HB 1763: Minority Caucus Package; Criminal Offenses; Bribery; Official Misconduct

A BILL FOR AN ACT

relating to penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     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.  Section 710-1010.2, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§710-1010.2[]]  Official misconduct.  (1)  A public servant commits the offense of official misconduct when, in the person's official capacity, the person:

     (a)  With intent to obtain a benefit other than the person's lawful compensation, intentionally or knowingly performs an act using the power of that person's office, knowing that the act constitutes an unauthorized exercise of the person's official functions;

     (b)  With intent to obtain a benefit other than the person's lawful compensation, intentionally or knowingly refrains from performing an official duty that is imposed upon the person by law or is clearly inherent in the nature of the person's office; or

     (c)  Intentionally or knowingly submits or invites reliance on any statement, document, or record, in written, printed, or electronic form, that the person knows to be falsely made, completed, or altered, or in which the person knows to contain a false statement or false information.

     (2)  As used in this section:

     "An official duty that is imposed upon the person by law or is clearly inherent in the nature of the person's office" means one or more unspecified duties that are so essential to the accomplishment of the purposes for which the office was created that it is clearly inherent in the nature of the office.

     "Official function" means the decision, opinion, recommendation, vote, or other exercise or performance of duty of a public servant.

     (3)  Official misconduct is a class [C] A felony. "

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  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 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Minority Caucus Package; Criminal Offenses; Bribery; Official Misconduct

Description:

Establishes heightened penalties for the offense of bribery under certain circumstances.  Increases the penalty for official misconduct from a class C to a class A felony.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.