Report Title:
Corrupt practices intended to influence official acts
Description:
Prohibits any person from corruptly influencing an official act; provides penalties for such conduct.
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THE SENATE |
S.B. NO. |
2522 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to corrupt PRACTICES intended to influence "official acts," as that term is defined by section 84-3, hawaii revised statutes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 84, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . CORRUPT PRACTICES INTENDED TO INFLUENCE OFFICIAL ACTS
§84-A Definitions. As used in this part:
"Local instrumentality" means:
(1) A political subdivision of the State; or
(2) Any department, agency, or instrumentality of such a subdivision.
"Local official" means an officer of or individual employed by any local instrumentality.
"Instrumentality" means a state instrumentality or local instrumentality.
"Official" means a state official or local official.
"Person" means:
(1) A "person" as defined in section 1-19;
(2) An officer, director, or agent of such a person;
(3) A person employed by such person; or
(4) A shareholder or other equity owner of such person acting on its behalf.
"State instrumentality" means a state agency or state court.
"State official" means employee, legislator, delegate to a constitutional convention, justice, or judge.
§84-B Prohibition of corrupt practices. No person shall pay or give, offer to pay or give, promise to pay or give, or authorize the payment or gift of any compensation to:
(1) Any official or state or local political party for the purpose of:
(A) Influencing any official act by such official or act or decision of such party; or
(B) Inducing the official or party to use the official's or party's influence with an instrumentality to affect or influence its official act; or
(2) Any other person, while knowing or having reason to know that all or a portion of such compensation will be paid, given, offered, or promised, directly or indirectly, to any official or state or local political party for any purpose set forth in paragraph (1)(A) or (B) above
if:
would constitute or result in a violation of:
(1) Any section of part II of this chapter;
(2) Any rule of the Rules of the Supreme Court, including any canon in the Revised Code of Judicial Conduct; or
(3) In the case of a local official, section 84-11 or 84-13, as it would apply mutatis mutandis after substituting for:
(A) "legislator," a local official functioning in a legislative capacity; or
(B) "employee," an individual employed by a local instrumentality.
§84-C Penalties for engagement in corrupt practices. (a) Any individual who willfully violates section 84-B shall, upon conviction, be guilty of a class C felony.
(b) Any person not an individual that violates section 84-B shall, upon conviction, be fined not more than $1,000,000.
(c) Whenever any person is found to have violated section 84-B and is subject to penalty pursuant to subsection (b), any individual who is an agent of the person or is employed by the person and who willfully carried out the act or practice constituting a violation of section 84-B shall, upon conviction, be guilty of a class C felony.
(d) Whenever a fine is imposed under subsection (a) or (c) upon any individual who is an officer, director, agent, or shareholder of a person or is an individual employed by the person, such fine shall not be paid, directly or indirectly, by the person.
§84-D Penalties provided in other chapters. If an act or practice that constitutes a violation of section 84-B also constitutes a violation of any section of any chapter other than this chapter and such other chapter provides for penalties for the violation of such section, then:
(1) The maximum penalty that may be imposed shall be the greater of the maximum penalty under section 84-C or under such other chapter; and
(2) any minimum penalty under such other chapter shall apply.
§84-E Injunction. Whenever it appears to the attorney general that any person is engaged or is about to engage in any act or practice that constitutes or would constitute a violation of section 84-B, the attorney general may, in his discretion, bring a civil action in an appropriate court of this State to enjoin such act or practice, and upon a proper showing a permanent or temporary injunction or a temporary restraining order shall be granted without bond."
SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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