REPORT TITLE:
Bribe Offer Disclosure


DESCRIPTION:
Requires reporting of bribe offers by public servants and
disclosure of corrupt solicitations.  Imposes penalties for
failure to report.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2274
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO BRIBES.



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

 1      SECTION 1.  Chapter 710, part IV, Hawaii Revised Statutes,
 
 2 is amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§710-     Bribe offer disclosure.  (1)  As used in this
 
 5 section:
 
 6      "Disclosure" means full, complete, and timely disclosure of
 
 7 all relevant information known to the person making the
 
 8 disclosure.
 
 9      "Promptly" means within forty-eight hours.
 
10      "Public servant" has the same meaning as in section
 
11 710-1040.
 
12      (2)  Any public servant who receives directly or indirectly
 
13 any corrupt offer of anything of value in consideration for any
 
14 vote, decision, or other action by the public servant shall
 
15 disclose the offer promptly to the police chief and the county
 
16 prosecutor of the county in which the offer was made or received,
 
17 or to the state attorney general, or to the federal law
 
18 enforcement agency with jurisdiction over such matters.  Any
 
19 public servant who fails to disclose an offer as required by this
 

 
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 1 subsection shall be guilty of a class B felony.
 
 2      (3)  Any person who, on the person's own behalf or on behalf
 
 3 of any other person or entity, is seeking or has solicited within
 
 4 the preceding year either a contract with any public agency or
 
 5 the vote of a public servant and who receives, directly or
 
 6 indirectly, any corrupt solicitation of anything of value in
 
 7 consideration for any vote, decision, or other action by the
 
 8 public servant shall disclose promptly the solicitation to the
 
 9 police chief and the county prosecutor of the county in which the
 
10 offer was made or received, or to the state attorney general, or
 
11 to the federal law enforcement agency with jurisdiction over such
 
12 matters.  Any person who fails to make disclosure of a
 
13 solicitation as required by this subsection shall be guilty of a
 
14 class C felony.
 
15      (4)  Any public servant who receives a disclosure of an
 
16 offer or solicitation under this section shall immediately make a
 
17 full written record of the disclosure.
 
18      (5)  No offer of a bribe by any person as part of an
 
19 undercover investigation by a law enforcement agency shall be
 
20 subject to this section if the chief of police or other head of
 
21 the law enforcement agency specifically authorizes the offer in
 
22 writing as part of an approved official investigation."
 
23      SECTION 2.  This Act does not affect rights and duties that
 

 
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 1 matured, penalties that were incurred, and proceedings that were
 
 2 begun, before its effective date.
 
 3      SECTION 3.  New statutory material is underscored.
 
 4      SECTION 4.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY:  _______________________