HB 2131: CSC; Campaign Finance; Criminal Prosecution; Period of Limitations

A BILL FOR AN ACT

RELATING TO CAMPAIGN FINANCE.

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

     SECTION 1.  Section 11-412, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  [Prosecution for violations of this part shall not commence after five years have elapsed from the date of the violation or date of filing of the report covering the period in which the violation occurred, whichever is later.] The applicable period of limitations for a criminal prosecution under this section shall not commence until discovery of the offense by the commission."

     SECTION 2.  Section 701-108, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Except as otherwise provided [in this section,] by law, prosecutions for other offenses [are] shall be subject to the following periods of limitation:

     (a)  A prosecution for manslaughter where the death was not caused by the operation of a motor vehicle [must] shall be commenced within ten years after it is committed;

     (b)  A prosecution for a class A felony [must] shall be commenced within six years after it is committed;

     (c)  A prosecution for any felony under part IX of chapter 708 [must] shall be commenced within five years after it is committed;

     (d)  A prosecution for any other felony [must] shall be commenced within three years after it is committed;

     (e)  A prosecution for a misdemeanor or parking violation [must] shall be commenced within two years after it is committed; and

     (f)  A prosecution for a petty misdemeanor or a violation other than a parking violation [must] shall be commenced within one year after it is committed[.];

provided that the period of limitations for a prosecution pursuant to section 11-412 shall not commence until discovery of the offense by the campaign spending commission."

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  Statutory material to be repealed is bracketed and stricken.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

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

CSC; Campaign Finance; Criminal Prosecution; Period of Limitations

Description:

Provides that the period of limitations for criminal prosecutions under campaign finance laws commences upon discovery of the offense by the Campaign Spending Commission, rather than being limited to five years from the violation date or report filing date.

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