THE SENATE	S.B. NO.	2824
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

relating to bribery.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that bribery and related acts of public corruption fundamentally undermine the integrity of government, distort the fair and impartial exercise of official duties, and erode public confidence in democratic institutions.

The legislature further finds that existing law prohibits the offering, solicitation, and acceptance of bribes, including the bribery of public servants. However, existing law does not impose an affirmative duty on public servants to report incidents of bribery, allowing corruption to persist through silence and concealment.

The legislature additionally finds that numerous states across the county have implemented statutes establishing an affirmative reporting duty for public servants. These statutes reflect a national standard: public service entails not only a prohibition on accepting or soliciting bribes but also an affirmative obligation to report known or reasonably suspected corruption in a timely manner. Similarly to other professions that require mandatory reporting, such as teachers reporting when a student is suspected of being abused or neglected, public servants should be mandated to report incidents of suspected bribery, whether they are targets, bystanders, or witnesses. At its worst, failing to report bribery may be seen as aiding and abetting.

Accordingly, the purpose of this Act is to establish the offense of failure to report bribery as a misdemeanor.

SECTION 2. Chapter 710, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"§710-    Failure to report bribery; public servants. (1) A public servant commits the offense of failure to report bribery when the public servant:

(a) Knows or has knowledge that:

(i) A person has conferred, offered, or agreed to confer, directly or indirectly, any pecuniary benefit upon the public servant pursuant to section 710-1040 (1)(a); or

(ii) Another public servant solicited, accepted, or agreed to accept, directly or indirectly, any pecuniary benefit pursuant to section 710-1040 (1)(b); and

(b) Does not report such offense to the department of the attorney general or a county prosecutor's office within thirty days of becoming aware, with reasonable certainty, that an offense occurred.

(2) Failure to report bribery is a misdemeanor.

(3) For the purposes of this section, "public servant" has the same meaning as in section 710-1000 and includes an officer or employee of any branch of government that has been elected or appointed but is not yet occupying the position."

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:

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Report Title:

Failure to Report Bribery; Public Servants; Misdemeanor

Description:

Establishes the offense of failure to report bribery as a misdemeanor.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.