Report Title:

Public Administration; Official Misconduct

Description:

Creates the offense of official misconduct, requiring any public servant to report the commission of a crime by another public servant.

HOUSE OF REPRESENTATIVES	H.B. NO.	1161
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to offense against the public administration.

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

     SECTION 1.  Chapter 710, part II, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§710-   Obstruction of public administration; official misconduct. (1)  A person commits the offense of official misconduct if:

(a) The person is a public servant;

(b) The person has reasonable suspicion to believe that a crime has been committed, is being committed, or is about to be committed by another public servant; and

(c) The person intentionally or knowingly fails to report promptly the crime that has been committed, is being committed, or is about to be committed to law enforcement authorities.

(2)  The report required by subsection (1) shall include:

(a) The reporting person's name;

(b) The date, time, and place of the incident;

(c) The identity; and

(d) The description of all participants and events amounting to a violation of subsection (1).

(3)  The report shall be made:

(a) Within five days from the time the crime was committed or from the time the reporter knows about or should have known about the violation of subsection (1), whichever is later;

(b) In the case of a crime being committed, at the time the crime is being committed; and

(c) In the case of a crime that is about to be committed, prior to the commission of the crime, if the reporter knows about or should have known about the crime.

(4)  A person acting in good faith shall be immune from any civil liability for reporting a violation of subsection (1).

(5)  Notwithstanding any law to the contrary, this duty shall exist, except that this section shall not require of a communication that is privileged by law.

(6)  Official misconduct is an offense of the same class and grade as the most serious offense that has been committed, is being committed, or is about to be committed."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________