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THE SENATE |
S.B. NO. |
1284 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO OFFICIAL MISCONDUCT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to establish the criminal offense of official misconduct.
SECTION 2. Chapter 710, Hawaii Revised Statutes, is amended by adding to part II a new section to be appropriately designated and to read as follows:
"§710- Official misconduct; penalty. (1) A public servant commits the offense of official
misconduct when, in the person's official capacity, the
person commits any of the following acts:
(a) With intent to obtain a benefit
other than the person's lawful compensation,
intentionally or knowingly performs an act using the power of that person's
office, knowing that the act constitutes an unauthorized exercise of the person's
official functions;
(b) With intent to obtain a benefit
other than the person's lawful compensation,
intentionally or knowingly refrains from performing an official duty; or
(c) Intentionally or knowingly submits
or invites reliance on any statement, document, or record, in written, printed,
or electronic form, which the person knows to be falsely made, completed, or
altered, or in which the person knows to contain a false statement or false
information.
(2) As used in this section:
"Official function" means the
decision, opinion, recommendation, vote, or other exercise or performance of
duty of a public servant.
(3) Official misconduct is a class C felony."
SECTION
3. This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Penal Code; Official Misconduct; Offenses Against Public Administration
Description:
Adds a new section to chapter 710, Hawaii Revised Statutes, to establish the class C felony offense of official misconduct.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.