STAND. COM. REP. NO. 1468

Honolulu, Hawaii

RE: S.C.R. No. 149

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.C.R. No. 149 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THAT THE UNITED STATES CONGRESS PASS A LAW THAT CRIMINALIZES ANY ACT BY A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, MILITARY PERSONNEL, OR POLITICIAN THAT IS CONTRARY TO THEIR OATH TO UPHOLD THE CONSTITUTION,"

begs leave to report as follows:

The purpose and intent of this measure is to request that the United States Congress pass a law that criminalizes any act by a current or former law enforcement officer, military personnel, or politician that is contrary to their oath to uphold the Constitution.

Your Committee received testimony in support of this measure from four individuals. Your Committee received comments on this measure from one individual.

Your Committee finds that, upon enlistment or taking office, law enforcement, military personnel, and elected officials take an oath to support and defend the Constitution against all enemies, to support and defend the Constitution of the United States, and to perform the duties of the office they are about to enter. Your Committee further finds that, despite the potential for harm resulting from the actions of persons in positions of power who abuse those positions, there are currently no specific criminal offenses nor penalties for the violation by a current or former law enforcement officer, military personnel, or politician of their oath to uphold the Constitution.

Your Committee has amended this measure by:

(1) Providing for certified copies to be sent to the Speaker of the United States House of Representatives and Majority Leader of the United States Senate; and

(2) 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 concurs with the intent and purpose of S.C.R. No. 149, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 149, S.D. 1.

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

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KARL RHOADS, Chair