HB2751 HD2.DOC

SECTION 1. The purpose of this Act is to further define and implement the legislature's inherent contempt authority, established under article III, section 18 of the Hawaii state constitution. Specifically, this Act:

(1) Clarifies the existing offense of legislative

contempt, to include disorderly or contemptuous

behavior, or behavior that creates a breach of peace or disturbance to legislative proceedings;

(2) Establishes the legislature's authority to find a

person in summary contempt;

(3) Clarifies the authority of the sergeant-at-arms to arrest and remove a person engaging in disorderly or contemptuous behavior or creating a breach of the peace or disturbance; and

(4) Reduces the severity of the offense of legislative

contempt.

SECTION 2. Section 21-14, Hawaii Revised Statutes, is amended to read as follows:

"§21-14 Contempt. (a) A person who is not a member of either house of the legislature shall be in contempt if the person:

(1) Fails or refuses to appear in compliance with a subpoena or, having appeared, fails or refuses to testify under oath or affirmation;

(2) Fails or refuses to answer any relevant question or fails or refuses to furnish any relevant book, paper, or other document subpoenaed by or on behalf of an investigating committee;

(3) [~~Commits any other act or offense against an investigating committee which, if committed against the legislature or either house thereof, would constitute a contempt.~~] Recklessly engages in disorderly or contemptuous behavior during a hearing of an investigating committee, or session of the legislature or either house thereof, committed in the immediate view and presence of the investigating committee, legislature, or either house, and directly tending to interrupt the proceedings or impair the respect due to such proceedings and to the authority of the investigating committee, legislature, or either house; or

(4) Creates a breach of peace or disturbance with intent to interrupt an investigating committee's proceedings or session of the legislature or either house thereof.

(b) [An] Upon commission of an offense under this section, an investigating committee [~~may~~], the legislature or either house thereof, by majority vote of all its members, shall report to the legislature or the house thereof by which it was established, any instance of alleged contempt. The president or speaker, or both, as the case may be, shall certify a statement of such contempt under the president's or speaker's signature as president or speaker, [~~as the case may be,~~] to the attorney general who shall prosecute the offender in any court of the State. If the legislature is not in session, a statement of the alleged contempt shall be certified by the chairperson or acting chairperson of the committee concerned, under the chairperson's or acting chairperson's signature, to the attorney general who shall prosecute the offender as aforesaid. An instance of alleged contempt shall be considered as though committed in or against such house or the legislature itself.

(c) Upon commission of an offense under subsection (a)(3) or (4), if the offense was committed in the immediate view and presence of the investigating committee, legislature, or either house thereof, or under such circumstances that the investigating committee, legislature, or either house of the legislature, has knowledge of all of the facts constituting the offense, the investigating committee, legislature, or either house of the legislature, by majority vote of the members present, may find the person in summary contempt under the rules of the legislature or respective house of the legislature, provided that the person is:

(1) Provided written notice of the charge levied against them;

and

(2) Provided the opportunity to be heard and to present

evidence in the person's own defense.

(d) Whenever there is probable cause to believe that a person has violated subsection (a)(3) or (4), the person shall be subject to arrest and removal from the presence of the legislature or either house or any committee of a house, by the sergeant-at-arms of the affected house or by any other law enforcement officer of the State, as directed by the sergeant-at-arms."

SECTION 3. Section 21-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A person guilty of contempt under this chapter shall be fined not more than $1,000 or imprisoned not more than [~~one year~~] ten days, or both."

SECTION 4. The respective houses of the legislature shall adopt rules to give effect to the provisions of this Act.

SECTION 5. The provisions of this Act shall be liberally construed to give effect to the purposes thereof.

SECTION 6. Nothing in this Act is intended to interfere with the First Amendment rights of free speech and expression of any person affected.

SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 2034.

HOUSE OF REPRESENTATIVES	H.B. NO.	2751
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 2
STATE OF HAWAII