Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2841 entitled:

begs leave to report as follows:

The purpose of this bill is to provide that forfeiture of office of an elected official convicted of a crime that disqualifies the official from office begins with the conviction, rather than the sentencing.

Your Committee received testimony in support of this measure from Common Cause Hawaii and the League of Women Voters of Hawaii.

Your Committee finds it contrary to the interests of an elected official's constituents to delay an official's departure from office following conviction.

In response to your Committee on Legislative Management's comment on the impact of a conviction overturned on appeal, your Committee notes that section 831-2(b) Hawaii Revised Statutes already provides for restoration to the forfeited office upon reversal of a conviction if a defendant succeeds in an appeal or other proceeding to set aside or nullify a conviction or sentence.

Your Committee has amended this bill by making technical, nonsubstantive changes for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2841, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2841, H.D. 1.