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THE SENATE |
S.B. NO. |
2737 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO BRIBERY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§710- Failure to report bribery; state elected
officials. (1)
A state elected official commits the offense of failure to report
bribery when the elected official:
(a) Knows of or has witnessed conduct in
which:
(i) A person has conferred, offered, or
agreed to confer, directly or indirectly, any pecuniary benefit upon the
elected official with the intent to influence the elected official's vote,
opinion, judgment, exercise of discretion, or other action in the elected
official's official capacity in violation of section 710-1040(1)(a);
(ii) A person has conferred, offered, or
agreed to confer, directly or indirectly, any pecuniary benefit upon another
state elected official with the intent to influence that elected official's
vote, opinion, judgment, exercise of discretion, or other action in that
elected official's official capacity in violation of section 710-1040(1)(a); or
(iii) Another state elected official has solicited, accepted, or agreed, directly or indirectly, any pecuniary benefit with the intent that the elected official's vote, opinion, judgment, exercise of discretion, or other action as an elected official will thereby be influenced in violation of section 710-1040(1)(b); and
(b) Fails to report the known or
witnessed conduct within sixty days after the date the elected official knew of
or witnessed the conduct.
(2) A report made in good faith within the
sixty-day period to any of the following shall satisfy the reporting
requirement under this section:
(a) The department of the attorney
general;
(b) The prosecuting attorney of the
county where the conduct occurred or where the reporting official serves;
(c) Any law enforcement agency with
jurisdiction; or
(d) The state ethics commission or an
authorized county ethics board.
(3) Failure to report bribery is a
misdemeanor.
(4) For the purposes of this section, "state elected official" means any person whose salary is determined by the commission on salaries pursuant to article XVI, section 3.5 of the Hawaii State Constitution or section 26-56."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Bribery; Elected Official; Failure to Report; Pecuniary Benefit
Description:
Establishes the offense of failure to report bribery by a state elected official as a misdemeanor. Requires a state elected official who knows of or witnesses the conferring, offering, solicitation, or acceptance of a pecuniary benefit in violation of the bribery statute to report the conduct to the Department of the Attorney General, a county prosecuting attorney, a law enforcement agency, the State Ethics Commission, or a county ethics board within sixty days. Defines "state elected official". Effective 7/1/3000. (HD1)
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