Report Title:

Public Administration

Description:

To strengthen our laws related to public administration by creating a new offense that prohibits the obstruction of criminal investigations, and by upgrading certain public administration offenses to reflect the seriousness of the offenses.

HOUSE OF REPRESENTATIVES	H.B. NO.	1022
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PUBLIC ADMINISTRATION.

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

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

     "§710-A Obstruction of criminal investigations. (1)  A person commits the offense of obstruction of criminal investigations if the person does the following:

(a) Uses force upon another person;

(b) Makes threats directed at any other person; or

(c) Confers, offers, or agrees to confer, directly or indirectly, any pecuniary benefit upon another person;

with intent to obstruct, prevent, or delay the communication of information relating to a violation of any criminal statute of this State by any person to a law enforcement officer or prosecutor.

(2)  "Threat" as used in this section means any threat proscribed by section 707-764(1).

(3)  Obstruction of criminal investigations is a class C felony.

§710-B Tampering with a government record in the first degree. (1)  A person commits the offense of tampering with a government record in the first degree if the person commits tampering with a government record with the intent to impede, obstruct, or mislead a public servant in the performance of any governmental function, including but not limited to any administrative or criminal investigation or related official proceeding.

(2)  Tampering with a government record in the first degree is a class C felony.

§710-C Tampering with a government record in the second degree. (1)  A person commits the offense of tampering with a government record in the second degree if the person commits tampering with a government record other than as provided in section 710-B.

(2)  Tampering with a government record in the second degree is a misdemeanor."

     SECTION 2.  Section 706-606.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  Notwithstanding section 706-669 and any other law to the contrary, any person convicted of murder in the second degree, any class A felony, any class B felony, or any of the following class C felonies:  section 188-23 relating to possession or use of explosives, electrofishing devices, and poisonous substances in state waters; section 386-98(d)(1) relating to fraud violations and penalties; section 431:10A-131(b)(2) relating to insurance fraud; section 431:10C-307.7(b)(2) relating to insurance fraud; section 432:1-106(b)(2) relating to insurance fraud; section 432D-18.5(b)(2) relating to insurance fraud; section 707-703 relating to negligent homicide in the second degree; section 707-711 relating to assault in the second degree; section 707-713 relating to reckless endangering in the first degree; section 707-716 relating to terroristic threatening in the first degree; section 707-721 relating to unlawful imprisonment in the first degree; section 707-732 relating to sexual assault or rape in the third degree; section 707-752 relating to promoting child abuse in the third degree; section 707-757 relating to electronic enticement of a child in the second degree; section 707-766 relating to extortion in the second degree; section 708-811 relating to burglary in the second degree; section 708-821 relating to criminal property damage in the second degree; section 708-831 relating to theft in the first degree as amended by Act 68, Session Laws of Hawaii 1981; section 708-831 relating to theft in the second degree; section 708-835.5 relating to theft of livestock; section 708-836 relating to unauthorized control of propelled vehicle; section 708-839.8 relating to identity theft in the third degree; section 708-839.55 relating to unauthorized possession of confidential personal information; section 708-852 relating to forgery in the second degree; section 708-854 relating to criminal possession of a forgery device; section 708-875 relating to trademark counterfeiting; [section 710-1071 relating to intimidating a witness;] section 711-1103 relating to riot; section 712-1203 relating to promoting prostitution in the second degree; section 712-1221 relating to gambling in the first degree; section 712-1224 relating to possession of gambling records in the first degree; section 712-1243 relating to promoting a dangerous drug in the third degree; section 712-1247 relating to promoting a detrimental drug in the first degree; section 846E-9 relating to failure to comply with covered offender registration requirements; section 134-7 relating to ownership or possession of firearms or ammunition by persons convicted of certain crimes; section 134-8 relating to ownership, etc., of prohibited weapons; section 134-9 relating to permits to carry, or who is convicted of attempting to commit murder in the second degree, any class A felony, any class B felony, or any of the class C felony offenses enumerated above and who has a prior conviction or prior convictions for the following felonies, including an attempt to commit the same: murder, murder in the first or second degree, a class A felony, a class B felony, any of the class C felony offenses enumerated above, or any felony conviction of another jurisdiction, shall be sentenced to a mandatory minimum period of imprisonment without possibility of parole during such period as follows:

    (a)   One prior felony conviction:

         (i)  Where the instant conviction is for murder in the second degree or attempted murder in the second degree--ten years;

        (ii)  Where the instant conviction is for a class A felony--six years, eight months;

       (iii)  Where the instant conviction is for a class B felony--three years, four months; and

        (iv)  Where the instant conviction is for a class C felony offense enumerated above--one year, eight months;

    (b)   Two prior felony convictions:

         (i)  Where the instant conviction is for murder in the second degree or attempted murder in the second  degree--twenty years;

        (ii)  Where the instant conviction is for a class A felony--thirteen years, four months;

       (iii)  Where the instant conviction is for a class B felony--six years, eight months;

        (iv)  Where the instant conviction is for a class C felony offense enumerated above--three years, four months;

    (c)   Three or more prior felony convictions:

         (i)  Where the instant conviction is for murder in the second degree or attempted murder in the second degree--thirty years;

        (ii)  Where the instant conviction is for a class A felony--twenty years;

       (iii)  Where the instant conviction is for a class B felony--ten years; and

        (iv)  Where the instant conviction is for a class C felony offense enumerated above--five years."

     SECTION 3.  Section 710-1017, Hawaii Revised Statutes, is amended to read as follows:

     "§710-1017  Tampering with a government record[.], defined.  (1)  A person commits the offense of tampering with a government record if:

    (a)   The person knowingly and falsely makes, completes, or alters, or knowingly makes a false entry in, a written instrument which is or purports to be a government record or a true copy thereof; or

    (b)   The person knowingly presents or uses a written instrument which is or purports to be a government record or a true copy thereof, knowing that it has been falsely made, completed, or altered, or that a false entry has been made therein, with intent that it be taken as genuine; or

    (c)   The person knowingly records, registers, or files, or offers for recordation, registration, or filing, in a governmental office or agency, a written statement which has been falsely made, completed, or altered, or in which a false entry has been made, or which contains a false statement or false information; or

    (d)   Knowing the person lacks the authority to do so:

         (i)  The person intentionally destroys, mutilates, conceals, removes, or otherwise impairs the availability of any government records; or

        (ii)  The person refuses to deliver up a government record in the person's possession upon proper request of a public servant entitled to receive such record for examination or other purposes.

     (2)  For the purpose of this section, "government record" includes all official books, papers, written instruments, or records created, issued, received, or kept by any governmental office or agency or required by law to be kept by others for the information of the government.

     [(3)  Tampering with government records is a misdemeanor.]"

     SECTION 4.  Section 710-1060, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

     "(3)  Perjury is a class [C] B felony."

     SECTION 5.  Section 710-1061, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  False swearing in official matters is a [misdemeanor.] class C felony."

     SECTION 6.  Section 710-1062, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  False swearing is a [petty] misdemeanor."

     SECTION 7.  Section 710-1071, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

     "(3)  Intimidating a witness is a class [C] B felony."

     SECTION 8.  Section 710-1072, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Tampering with a witness is a [misdemeanor.] class C felony."

     SECTION 9.  Section 710-1072.2, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

     "(3)  Retaliating against a witness is a class [C] B felony."

     SECTION 10.  Section 710-1075.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§710-1075.5[]]  Retaliating against a juror.  (1)  A person commits the offense of retaliating against a juror if the person uses force upon or threatens a juror or another person or damages the property of a juror or another person because of the vote, opinion, decision, or other action of the juror in an official proceeding.

     (2)  "Threaten" as used in this section means any threat proscribed in sections 707-764(1) and 707-764(2).

     (3)  Retaliating against a juror is a class [C] B felony."

     SECTION 11.  Section 710-1076, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

     "(3)  Tampering with physical evidence is a [misdemeanor.] class C felony."

     SECTION 12.  Section 806-83, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  Criminal charges may be instituted by written information for a felony when the charge is a class C felony under section 19-3.5 (voter fraud); section 128D-10 (knowing releases); section 132D-14(a)(1), (2)(A), and (3) (penalties for failure to comply with requirements of sections 132D-7, 132D‑10, and 132D-16); section 134-24 (place to keep unloaded firearms other than pistols and revolvers); section 134-7(a) and (b) (ownership or possession prohibited); section 134-8 (prohibited ownership); section 134-9 (licenses to carry); section 134-17(a) (relating to false information or evidence concerning psychiatric or criminal history); section 134-51 (deadly weapons); section 134-52 (switchblade knives); section 134-53 (butterfly knives); section 188-23 (possession or use of explosives, electrofishing devices, and poisonous substances in state waters prohibited); section 231-34 (attempt to evade or defeat tax); section 231-36 (false and fraudulent statements); section 245-37 (sale or purchase of packages of cigarettes without stamps); section 245-38 (vending unstamped cigarettes); section 245-51 (sale of export cigarettes prohibited); section 245-52 (alteration of packaging prohibited); section 291C-12.5 (accidents involving substantial bodily injury); section 291E‑61.5 (habitually operating a vehicle under the influence of an intoxicant); section 329-41 (prohibited acts B); section 329‑42 (prohibited acts C); section 329-43.5 (prohibited acts related to drug paraphernalia); section 329C-2 (manufacture, distribution, or possession with intent to distribute an imitation controlled substance to a person under eighteen years of age); section 346-34(d)(2) and (e) (fraud involving food stamps or coupons with a value exceeding $300); section 346-43.5 (medical assistance fraud); section 383-141 (falsely obtaining benefits); section 431:10C-307.7 (insurance fraud); section 482D-7 (violation of fineness standards and stamping requirements); section 485A-301 (registration of securities); section 485A-401 (registration of broker-dealers); section 485A-402 (registration of agents); section 485A-403 (registration of investment advisors); section 485A-404 (registration of investment advisor representatives); section 485A-405 (registration of federal covered investment advisors); section 485A-501 (general fraud); section 485A-502 (prohibited conduct in providing investment advice); section 707-703 (negligent homicide in the second degree); section 707‑705 (negligent injury in the first degree); section 707-711 (assault in the second degree); section 707-713 (reckless endangering in the first degree); section 707-721 (unlawful imprisonment in the first degree); section 707-726 (custodial interference in the first degree); section 707-757 (electronic enticement of a child in the second degree); section 707-766 (extortion in the second degree); section 708-811 (burglary in the second degree); section 708-821 (criminal property damage in the second degree); section 708-831 (theft in the second degree); section 708-833.5 (shoplifting); section 708-835.5 (theft of livestock); section 708-836 (unauthorized control of propelled vehicle); section 708-836.5 (unauthorized entry into motor vehicle); section 708-839.5 (theft of utility services); section 708-839.8 (identity theft in the third degree); section 708-852 (forgery in the second degree); section 708-854 (criminal possession of a forgery device); section 708-858 (suppressing a testamentary or recordable instrument); section 708-875 (trademark counterfeiting); section 708-891.5 (computer fraud in the second degree); section 708-892.5 (computer damage in the second degree); section 708-895.6 (unauthorized computer access in the second degree); section 708-8100 (fraudulent use of a credit card); section 708-8102 (theft/forgery of credit cards); section 708-8103 (credit card fraud by a provider of goods or services); section 708-8104 (possession of unauthorized credit card machinery or incomplete cards); section 708-8200 (cable television service fraud in the first degree); section 708-8202 (telecommunication service fraud in the first degree); section 709-903.5 (endangering the welfare of a minor in the first degree); section 709-906 (abuse of family or household members); section 710-A (obstruction of criminal investigations); section 710-1016.3 (obtaining a government-issued identification document under false pretenses in the first degree); section 710-1016.6 (impersonating a law enforcement officer in the first degree); section 710-B (tampering with a government record in the first degree); section 710-1017.5 (sale or manufacture of deceptive identification document); section 710‑1018 (securing the proceeds of an offense); section 710-1021 (escape in the second degree); section 710-1023 (promoting prison contraband in the second degree); section 710‑1024 (bail jumping in the first degree); section 710-1029 (hindering prosecution in the first degree); [section 710-1060 (perjury);] section 710-1061 (false swearing in official matters); section 710-1072 (tampering with a witness); section 710-1072.5 (obstruction of justice); section 710-1076 (tampering with physical evidence); section 711-1103 (riot); section 711-1109.3 (cruelty to animals/fighting dogs); section 711-1110.9 (violation of privacy in the first degree); section 711-1112 (interference with the operator of a public transit vehicle); section 712-1221 (promoting gambling in the first degree); section 712-1222.5 (promoting gambling aboard ships); section 712-1224 (possession of gambling records in the first degree); section 712-1243 (promoting a dangerous drug in the third degree); section 712-1246 (promoting a harmful drug in the third degree); section 712-1247 (promoting a detrimental drug in the first degree); section 712-1249.6 (promoting a controlled substance in, on, or near schools or school vehicles); section 803-42 (interception, access, and disclosure of wire, oral, or electronic communications, use of pen register, trap and trace device, and mobile tracking device prohibited); or section 846E-9 (failure to comply with covered offender registration requirements).

     (b)  Criminal charges may be instituted by written information for a felony when the charge is a class B felony under section 134-23 (place to keep loaded firearms other than pistols and revolvers); section 134-25 (place to keep pistol or revolver); section 134-26 (carrying or possessing a loaded firearm on a public highway); section 134-7(b) (ownership or possession prohibited); section 329-43.5 (prohibited acts related to drug paraphernalia); section 708-810 (burglary in the first degree); section 708-830 (theft in the first degree); section 708‑839.7 (identity theft in the second degree); section 708-851 (forgery in the first degree); section 708-891 (computer fraud in the first degree); section 708-892 (computer damage in the first degree); section 710-1060 (perjury); section 710-1071 (intimidating a witness); 710-1072.2 (retaliating against a witness); 710-1075.5 (retaliating against a juror); section 712-1242 (promoting a dangerous drug in the second degree); section 712-1245 (promoting a harmful drug in the second degree); or section 712-1249.5 (commercial promotion of marijuana in the second degree)."

     SECTION 13.  In codifying the new sections added to chapter 710, Hawaii Revised Statutes, by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in the designations of, and references to, those new sections in this Act.

     SECTION 14.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act.

     SECTION 15.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 16.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request