HB1743

Report Title:

Public officials; removal

 

Description:

Requires that public officials convicted of a felony be removed from office at the time of conviction.

 

HOUSE OF REPRESENTATIVES	H.B. NO.	1743
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO THE SUSPENSION WITHOUT PAY OF PUBLIC OFFICIALS CONVICTED OF A FELONY.

 

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

SECTION 1. Current law does not require removal of a public office holder until he or she is sentenced for a felony. Until sentencing, the convicted public office holder may still act in an official capacity – serving in office, introducing and voting on legislation, and collecting pay. There is often a lengthy period of time between conviction and sentencing when an office holder can continue in an official capacity. Therefore, a public official should be removed from office upon conviction.

SECTION 2. Section 831-2, Hawaii Revised Statutes, is amended to read as follows:

"§831-2 Rights lost. (a) A person [sentenced for] convicted of a felony, from the time of the person's [sentence] conviction until the person's final discharge, may not:

(1) Vote in an election, but if execution of sentence is suspended with or without the defendant being placed on probation or the defendant is paroled after commitment to imprisonment, the defendant may vote during the period of the suspension or parole; or

(2) Become a candidate for or hold public office.

(b) A public office held at the time of [sentence] conviction is forfeited as of the date of the [sentence] conviction if the [sentence] conviction is in this State, or, if the [sentence] conviction is in another state or in a federal court, as of the date [a certification of the sentence from the sentencing court is filed in the office of the lieutenant governor who shall receive and file it as a public document.] a change of plea form or verdict form is filed with the court which accepts such a plea or verdict. An appeal or other proceeding taken to set aside or otherwise nullify the conviction or sentence does not affect the application of this section, but if the conviction is reversed the defendant shall be restored to any public office forfeited under this chapter from the time of the reversal and shall be entitled to the emoluments thereof from the time of the forfeiture.

(c) Subsections (a) and (b) of this section and any other laws to the contrary notwithstanding, any person convicted of any act, attempt, or conspiracy to overthrow the state or the federal government by force or violence shall not hold any public office or employment."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

 

 

INTRODUCED BY:	_____________________________