HOUSE OF REPRESENTATIVES

H.B. NO.

985

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO GOVERNMENT FRAUD.

 

 

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 government fraud.

     SECTION 2.  Chapter 708, Hawaii Revised Statutes, is amended by adding to part IV a new section to be appropriately designated and to read as follows:

     "§708-     Government fraud; penalty.  (1)  A person commits the offense of government fraud when the person intentionally or knowingly engages in a course of conduct, by means of a materially false pretense, representation, or promise, to:

     (a)  Obtain money, property, or services from the government;

     (b)  Obtain employment with the government; or

     (c)  Enter into a contract with the government.

     (2)  A false pretense, representation, or promise is material when it has a natural tendency to influence, or is capable of influencing, the decision of the individual or entity to whom it is addressed.  It does not, however, include puffing by statements unlikely to deceive ordinary persons.  "Puffing" means an exaggerated commendation of wares or services.

     (3)  Reliance on the part of any person shall not be a necessary element of the offense described in subsection (1).

     (4)  As used in this section, "government" shall have the same meaning as in section 710-1000.

     (5)  Government fraud 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.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST

 

 

Report Title:

Penal Code; Government Fraud

 

Description:

Adds a new section to chapter 708, Hawaii Revised Statutes, to establish the class C felony offense of government fraud.

 

 

 

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