Report Title:

Abuse of Position of Trust

 

Description:

Creates the offense of abuse of position of trust or use of special skill.

 

THE SENATE

S.B. NO.

1614

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO OFFENSES AGAINST PROPERTY RIGHTS.

 

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

SECTION 1. Section 708-800, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Public or private trust" refers to a position of public or private trust characterized by professional or managerial discretion (i.e., substantial discretionary judgment that is ordinarily given considerable deference). Persons holding these positions ordinarily are subject to significantly less supervision than employees whose responsibilities are primarily nondiscretionary in nature.

"Special skill" refers to a skill not possessed by members of the general public and usually requiring substantial education, training, or licensing."

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

"§708-   Abuse of position of trust or use of special skill. (1) A person commits the offense of the abuse of position of trust or use of special skill when the person acts in a manner that significantly facilitates the commission or concealment of an offense listed in subsection (2) and the person's position of public or private trust contributed in a significant way to facilitating the commission or concealment of the offense. The position of trust must have contributed in a significant way to facilitating the crime and not merely have provided an opportunity that could as easily have been afforded to other persons.

(2) This offense applies to any act that constitutes an offense under chapter 708.

(3) The court shall find as a matter of law that a person who abuses a position of trust or use of special skill in the person's field of expertise does so knowingly."

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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