HB 2123: Penal Code; Statute of Limitations; Misconduct in Office; Public Servants

A BILL FOR AN ACT

RELATING TO MISCONDUCT BY A PUBLIC SERVANT.

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

     SECTION 1.  Section 701-108, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

     "(3)  If the period prescribed in subsection (2) has expired, a prosecution may nevertheless be commenced for:

     (a)  Any offense an element of which is fraud, deception as defined in section 708-800, or a breach of fiduciary obligation or the offense of medical assistance fraud under section 346-43.5, within three years after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is oneself not a party to the offense, but in no case shall this provision extend the period of limitation by more than six years from the expiration of the period of limitation prescribed in subsection (2);

     (b)  Any offense based on misconduct in office by a public servant at any time when the defendant is in public office or employment or within [two] ten years thereafter[, but in no case shall this provision extend the period of limitation by more than three years from the expiration of the period of limitation prescribed in subsection (2)]; and

     (c)  Any felony offense involving evidence containing deoxyribonucleic acid from the offender, if a test confirming the presence of deoxyribonucleic acid is performed [prior to] before expiration of the period of limitation prescribed in subsection (2), but in no case shall this provision extend the period of limitation by more than ten years from the expiration of the period of limitation prescribed in subsection (2)."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Penal Code; Statute of Limitations; Misconduct in Office; Public Servants

Description:

Extends the statute of limitations for offenses based on misconduct in office by a public servant to allow prosecution at any time during the defendant's period of public service and up to ten years thereafter.

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