SB 283: RELATING TO BRIBERY.

A BILL FOR AN ACT

RELATING TO BRIBERY.

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 the public servant is an elected or appointed official and:

     (a)  The value of the pecuniary benefit described in subsections (1)(a) or (1)(b) exceeds $50,000; or

     (b)  The person commits three or more acts of bribery as described in subsections (1)(a) or (1)(b) in any three-year period and the value, or aggregate value, of the pecuniary benefit of the acts exceeds $50,000.

     (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.  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:

Honolulu Prosecuting Attorney Package; Criminal Offenses; Bribery

Description:

Establishes heightened penalties for the offense of bribery, under certain circumstances.  (SD1)

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

A BILL FOR AN ACT

relating to bribery.

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.  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.

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.

STAND. COM. REP. NO. 694

Honolulu, Hawaii

RE:    S.B. No. 283

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 283 entitled:

"A BILL FOR AN ACT RELATING TO BRIBERY,"

begs leave to report as follows:

     The purpose and intent of this measure is to establish heightened penalties for the offense of bribery, under certain circumstances.

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and one individual.

     Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

     Your Committee finds that federal prosecutors have historically taken the lead in prosecuting state and county officials involved in bribery, largely because federal laws are more effective in use and consequence.  Given numerous recent scandals that have shaken local communities' trust in state and county government, your Committee believes that the State should send a strong message to would-be offenders that engaging in bribery will not be tolerated.  Accordingly, this measure will better equip county prosecutors with the tools to prosecute public corruption and deter offenders from engaging in bribery in the first place.

     Your Committee notes that, under existing law, the sentence for a class A felony is an indeterminate term of imprisonment of twenty years without the possibility of suspension of sentence or probation.  Given the significant potential sentence of incarceration for class A felonies, your Committee believes that the heightened penalties for bribery under this measure should be commensurate with the criminal act committed.

     Accordingly, your Committee has amended this measure by:

     (1)  Requiring the person committing the act of bribery be an elected or appointed official for the heightened penalties to apply;

     (2)  Increasing the minimum threshold for the heightened penalties established by this measure to either:

          (A)  An act constituting the offense of bribery with a value of the pecuniary benefit that exceeds $50,000; or

          (B)  Three or more acts of bribery within a three-year period with a value, or aggregate value, of the pecuniary benefit of the acts that exceeds $50,000; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 283, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 283, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,