HOUSE OF REPRESENTATIVES

H.B. NO.

711

THIRTY-SECOND LEGISLATURE, 2023

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FRAUD.

 

 

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

 


SECTION 1. The legislature finds that the house of representatives adopted House Resolution No. 9, Regular Session of 2022, to establish the commission to improve standards of conduct. The resolution requests that the commission ensure state laws and rules relating to standards of conduct of public officers and employees contain clear standards, enforcement, and penalties and provide recommendations to increase awareness of, compliance with, and deterrent effects of the code of ethics, lobbying laws, campaign finance laws, and other relevant laws and rules.

Pursuant to House Resolution No. 9, the commission to improve standards of conduct convened regularly throughout 2022 to diligently review, discuss, and consider the issues presented; submit an interim report to the house of representatives outlining areas of immediate and long-term focus; receive input from the public and invited individuals and agencies; and issue a final report with various recommendations and accompanying proposed legislation.

The legislature also finds that the strength and stability of our democratic government rely upon the public's trust in government institutions, including the expectation that officers act ethically with prudence, integrity, and sound judgement. Therefore, an essential goal of the commission was to provide recommendations that would help restore public trust in state government and increase the level of transparency in its operations and accountability of individuals.

Accordingly, the purpose of this Act is to implement recommendations of the commission to improve standards of conduct relating to combatting fraud by establishing a general fraud statute that is intended to cover schemes or artifices to defraud or to obtain money or property by means of false or fraudulent pretenses, representations, or promises. This Act also disqualifies a person convicted of fraud from holding elected office for a period of ten years.

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

"708-   Fraud. (1) A person commits the offense of fraud if, with the intent to defraud, the person executes or attempts to execute any scheme or artifice to defraud or to obtain money or property by means of false or fraudulent pretenses, representations, or promises.

(2) For the purposes of this section, "scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right of honest services.

(3) Fraud is a class B felony. A person who is convicted under this section shall be disqualified from holding elected office for ten years."

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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on March 22, 2075.


 


 

Report Title:

Commission to Improve Standards of Conduct; Fraud; Disqualification; Conviction

 

Description:

Establishes the offense of fraud as a class B felony. Disqualifies a person charged with fraud from holding elected office for ten years. Takes effect 3/22/2075. (SD1)

 

 

 

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