THE SENATE

S.B. NO.

1284

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO OFFICIAL MISCONDUCT.

 

 

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

 


SECTION 1. The purpose of this Act is to establish the criminal offense of official misconduct.

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

"710- Official misconduct; penalty. (1) A public servant commits the offense of official misconduct when, in the person's official capacity, the person commits any of the following acts:

(a) With intent to obtain a benefit other than the person's lawful compensation, intentionally or knowingly performs an act using the power of that person's office, knowing that the act constitutes an unauthorized exercise of the person's official functions;

(b) With intent to obtain a benefit other than the person's lawful compensation, intentionally or knowingly refrains from performing an official duty; or

(c) Intentionally or knowingly submits or invites reliance on any statement, document, or record, in written, printed, or electronic form, which the person knows to be falsely made, completed, or altered, or in which the person knows to contain a false statement or false information.

(2) As used in this section:

"Official function" means the decision, opinion, recommendation, vote, or other exercise or performance of duty of a public servant.

(3) Official misconduct is a class C felony."

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:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Penal Code; Official Misconduct; Offenses Against Public Administration

 

Description:

Adds a new section to chapter 710, Hawaii Revised Statutes, to establish the class C felony offense of official misconduct.

 

 

 

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