Requires an employee convicted of a felony in violation of his/her duties as a public servant to forfeit most future benefits set forth in chapters 87A and 88. Establishes a hearing process unless the grounds for the forfeiture are established by the court in which the employee was convicted.

A BILL FOR AN ACT

SECTION 1. This bill shall be known and may be cited as the "Public Felons Forfeiture Act".

SECTION 2. Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§78- Public employees; forfeiture of benefits upon felony conviction. (a) An employee convicted of a felony in violation of the duties of public employment shall forfeit all future benefits under chapters 87A and 88, with the exception of benefits under part VI of chapter 88. Nothing in this section shall be construed to affect benefits payable to the employee's beneficiaries or dependent-beneficiaries who were designated by the employee prior to the date the crime was committed, provided that the beneficiary did not knowingly participate in the acts of which the employee was convicted.

(b) Any person claiming benefits that are subject to forfeiture under this section shall have a right to a hearing held in accordance with chapter 91, unless the grounds for forfeiture have been established by the court in which the employee was convicted."

SECTION 3. Chapter 87A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§87A- Forfeiture of benefits upon felony conviction. Any person convicted of a felony in violation of the duties of public employment shall have their benefits under this chapter forfeited to the extent required by section 78-  ."

SECTION 4. Chapter 88, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§88- Forfeiture of benefits upon felony conviction. Any person convicted of a felony in violation of the duties of public employment shall have their benefits under this chapter forfeited to the extent required by section 78-  . Benefits under part VI shall not be forfeited."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.