STAND. COM. REP. NO. 1467

 

Honolulu, Hawaii

                  

 

RE:    S.R. No. 116

 

 

 

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.R. No. 116 entitled:

 

"SENATE RESOLUTION REQUESTING THE DEPARTMENT OF THE ATTORNEY GENERAL TO PROPOSE LEGISLATION THAT CRIMINALIZES ANY ACTS BY ELIGIBLE PUBLIC OFFICIALS, INCLUDING LOCAL LAW ENFORCEMENT THAT VIOLATE THEIR OATHS TO UPHOLD THE UNITED STATES CONSTITUTION AND HAWAII STATE CONSTITUTION,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to request the Department of the Attorney General to propose legislation that criminalizes any acts by eligible public officials, including local law enforcement, that violate their oaths of office to the United States Constitution and Hawaii State Constitution.

 

     Your Committee received testimony in support of this measure from two individuals.  Your Committee received comments on this measure from the Department of the Attorney General.

 

     Your Committee finds that article XVI, section 4, of the Hawaii State Constitution requires eligible public officials to take an oath to defend the Constitution of the United States and the Constitution of the State of Hawaii.  Your Committee further finds that neither the Hawaii State Constitution nor the Hawaii Revised Statutes currently provide specific penalties for an eligible public official's violation of their oath to defend the United States Constitution or Hawaii State Constitution, and that in light of the risk of harm that can arise when persons in positions of power abuse that power, criminal penalties for violations of that oath are appropriate.

 

     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.R. No. 116 and recommends its adoption.

 

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

 

 

 

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KARL RHOADS, Chair