THE SENATE

S.B. NO.

256

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to bribery.

 

 

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

 


     SECTION 1.  Chapter 710, Part IV, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§710-    Bribe offer disclosure.  (a)  As used in this section:

     "Disclosure" means complete and timely disclosure of all relevant information known to the person making the disclosure.

     "Promptly" means within forty-eight hours, excluding weekends and state, county, and federal holidays.

     "Public servant" shall be as defined in section 710-1040.

     (b)  Any public servant who receives an offer of anything of value in consideration for any vote, opinion, judgment, exercise of discretion, or other action by the public servant shall disclose the offer promptly to the chief of police or the county prosecutor of the county in which the offer was made or received, or to the state attorney general, or to the federal law enforcement agency with jurisdiction over such matters.  A violation of this subsection shall be a class B felony.

     (c)  No person shall be guilty of a violation of subsection (a) due solely to the unavailability of the law enforcement personnel or agency to whom disclosure must be made, provided the person makes a good faith attempt to make the required disclosure to the law enforcement personnel or agency when the personnel or agency becomes available.

     (d)  No offer of a bribe by any person as part of an undercover investigation by a law enforcement agency shall be subject to this section if the chief of police or other head of the law enforcement agency specifically authorizes the offer in writing as part of an approved official investigation."

     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 upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Bribe Offer Disclosure

 

Description:

Requires reporting of bribe offers by public servants.  Imposes penalties for failure to report.

 

 

 

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