SB2857

Report Title:

Bribery; nondisclosure

Description:

Creates the criminal offense of nondisclosure of bribery.

THE SENATE	S.B. NO.	2857
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO THE NONDISCLOSURE OF BRIBERY.

 

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

SECTION 1. Chapter 710, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§710- Nondisclosure of bribery. (1) A person commits the offense of nondisclosure of bribery if:

(a) any public official who receives, directly or indirectly, any pecuniary benefit in consideration for any vote, opinion, judgment, exercise of discretion, or other official action, fails to promptly disclose the offer to the police chief and the county prosecutor of the county in which the offer was made or received, or the Attorney General of the State or their respective representative specifically designated for that purpose, or the federal law enforcement agency with jurisdiction over such matters; or

(b) any person who, on behalf of themselves or any other person or entity, solicited in the preceding year or is seeking either a contract with any public agency or vote, opinion, judgment, exercise of discretion, or other official action from a public official and conferred, directly or indirectly, any pecuniary benefit upon the public official in consideration for any vote, opinion, judgment, exercise of discretion, or other official action, fails to promptly disclose the offer to the police chief and the county prosecutor of the county in which the offer was made or received, or the Attorney General of the State or their respective representative specifically designated for that purpose, or the federal law enforcement agency with jurisdiction over such matters.

(2) "Disclosure," as used in this section means full and complete rendering of all relevant information known to the person making the disclosure.

(3) "Promptly," as used in this section means within forty-eight hours.

(4) Any official of the State receiving a disclosure shall make a full written record of the disclosure.

(5) Nondisclosure of bribery is a class C felony.

(6) An offer of a bribe by any person as part of an undercover investigation by a law enforcement agency shall not be subject to the provisions of this Act provided the chief of police or head of the law enforcement agency conducting the investigation specifically authorizes the offer in writing as part of an official investigation approved by the chief of police or head of such agency.

SECTION 2. New statutory material is underscored.

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

 

INTRODUCED BY:	_____________________________
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