HOUSE OF REPRESENTATIVES	H.B. NO.	2344
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PHYSICAL EVIDENCE.

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

SECTION 1. The purpose of this Act is to amend section 710-1076, Hawaii Revised Statutes, the statute for the criminal offense of tampering with physical evidence, to adopt the wording of Model Penal Code section 241.7, "Tampering with or Fabricating Physical Evidence".

SECTION 2. Section 710-1076, Hawaii Revised Statutes, is amended to read as follows:

"§710-1076 Tampering with or fabricating physical evidence. (1) A person commits the offense of tampering with or fabricating physical evidence if, believing that an official proceeding or investigation is pending or about to be instituted, the person:

(a) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding[;] or investigation; or

(b) Makes, presents, [or] offers, or uses any false physical evidence, knowing it to be false, with intent that it be introduced in the pending or prospective official proceeding[.], or with intent to mislead a public servant who is or may be engaged in such proceeding or investigation.

(2) "Physical evidence," as used in this section includes any article, object, document, record, or other thing of physical substance.

(3) Tampering with or fabricating physical evidence is a misdemeanor."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Penal Code; Offenses Against Public Administration; Tampering with or Fabricating Physical Evidence

Description:

Amends the criminal offense statute for tampering with physical evidence to adopt the wording of the Model Penal Code for the same offense. The class of offense is unchanged.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.