REPORT TITLE:


DESCRIPTION:


 
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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO MISCONDUCT BY PUBLIC OFFICERS OR EMPLOYEES.



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

 1      SECTION 1.  Section 78, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "78-      Termination of public employment upon conviction
 
 5 for a felony,  (a)  Notwithstanding any other statute to the
 
 6 contrary, in addition to any other disposition authorized by law,
 
 7 a public officer or employee who is convicted of a felony while
 
 8 employed by the State shall forfeit the public officer's or
 
 9 employee's position as of the date of sentencing if the sentence
 
10 is in this State, or, if the sentence is in another state or in a
 
11 federal court, as of the date a certification of the sentence
 
12 from the sentencing court is filed in the office of the
 
13 lieutenant governor, who shall receive and file it as a public
 
14 document.
 
15      (b)  Nothing herein shall preclude the employer from taking
 
16 administrative action for the removal of the officer or employee
 
17 from public employment.
 
18      (c)  An appeal or other proceeding taken to set aside or
 
19 otherwise nullify the conviction or sentence shall not stay the
 

 
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 1 application of this section.  If the felony conviction itself was
 
 2 the sole basis for removal from public office or employment, not
 
 3 an administrative action pursuant to subsection (b), and if the
 
 4 conviction is reversed, the individual may be restored without
 
 5 retroactive pay to any public office or employment forfeited, if
 
 6 available, or to a comparable position within the department, if
 
 7 available.  An individual seeking restoration to the position
 
 8 forfeited or to a comparable position shall make application
 
 9 through the appropriate appointing authority."
 
10      SECTION 2.  Section 831-2, Hawaii Revised Statutes, is
 
11 amended by amending subsection (b) to read as follows:
 
12      "(b)  A public office or position held at the time of
 
13 sentence is forfeited as of the date of the sentence if the
 
14 sentence is in this State, or, if the sentence is in another
 
15 state or in a federal court, as of the date a certification of
 
16 the sentence from the sentencing court is filed in the office of
 
17 the lieutenant governor, who shall receive and file it as a
 
18 public document.  An appeal or other proceeding taken to set
 
19 aside or otherwise nullify the conviction or sentence does not
 
20 affect the application of this section [, but if the conviction
 
21 is reversed the defendant shall be restored to any public office
 
22 forfeited under this chapter from the time of the reversal and
 
23 shall be entitled to the emoluments thereof from the time of the
 

 
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 1 forfeiture]."
 
 2      SECTION 3.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 4.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY: ________________________

 
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