STAND. COM. REP. NO. 617

Honolulu, Hawaii

RE:    S.B. No. 442

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 442 entitled:

"A BILL FOR AN ACT RELATING TO CRIMINAL PROSECUTION UNDER CAMPAIGN FINANCE LAW,"

begs leave to report as follows:

     The purpose and intent of this measure is to provide that the period of limitation for a prosecution under the law relating to falsifying a campaign spending report shall commence upon discovery of the alleged offense by the Campaign Spending Commission.

     Your Committee received testimony in support of this measure from the Campaign Spending Commission and one individual.  Your Committee received testimony in opposition to this measure from one individual.

     Your Committee finds that, in general, prosecution of crimes involving fraud or deception begins after the discovery of the offense by an aggrieved party and the Campaign Spending Commission has completed an investigation and referred the case to the prosecutors.  This measure begins the period of limitation for a prosecution of falsifying campaign spending report upon the discovery of the alleged offense by the Campaign Spending Commission, rather than upon commission of the crime.

     Your Committee has amended this measure by:

     (1)  Specifying that the period of limitation for a prosecution of falsifying a campaign spending report shall commence pursuant to section 11-412(b), rather than section 11-412, Hawaii Revised Statutes; and

     (2)  Inserting an effective date of January 7, 2059, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 442, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 442, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

________________________________

GILBERT S.C. KEITH-AGARAN, Chair