THE SENATE

S.B. NO.

1220

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC OFFICE.

 

 

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

 

     SECTION 1.  The purpose of this Act is to help ensure the ethical integrity of state government by prohibiting persons convicted of certain felony offenses against public administration from becoming a candidate for or holding public office for a sufficient duration after the person's final discharge.

     SECTION 2.  Section 831-2, Hawaii Revised Statutes, is amended to read as follows:

     "§831-2  Rights lost.  (a)  A person sentenced for a felony, from the time of the person's sentence until the person's final discharge, [may] shall not:

     (1)  Vote in an election[, but]; provided that if the defendant is placed on probation or [the defendant is] paroled after commitment to imprisonment, the defendant may vote during the period of the probation or parole; or

     (2)  Become a candidate for or hold public office.

     (b)  A public office held at the time of conviction is forfeited as of the date of the conviction, if the conviction is in this State, or, if the conviction is in another state or in a federal court, as of the date a certification of the conviction from the trial court is filed in the office of the lieutenant governor who shall receive and file it as a public document.  An appeal or other proceeding taken to set aside or otherwise nullify the conviction or sentence [does] shall not affect the application of this section.

     (c)  A person sentenced for the following felony offenses against public administration under chapter 710 shall not become a candidate for or hold public office for ten years from the date of the person's final discharge:

     (1)  Impersonating a law enforcement officer in the first degree (section 710-1016.6);

     (2)  Hindering prosecution in the first degree (section 710-1029);

     (3)  Bribery (section 710-1040);

     (4)  Perjury (section 710-1060);

     (5)  Misrepresenting a notarized document in the first degree (section 710-1069);

     (6)  Bribery of or by a witness (section 710-1070);

     (7)  Intimidating a witness (section 710-1071);

     (8)  Obstruction of justice (section 710-1072.5);

     (9)  Bribery of or by a juror (section 710-1073);

    (10)  Intimidating a juror (section 710-1074);

    (11)  Jury tampering (section 710-1075); or

    (12)  Retaliating against a juror (section 710-1075.5).

     (d)  Subsections (a), (b), and (c) and any other laws to the contrary notwithstanding, any person convicted of any act, attempt, or conspiracy to overthrow the state or federal government by force or violence shall not hold any public office or employment.

     (e)  For purposes of this section:

     "Public office" means an office held by an elected official, department [heads, officers, and members] head, officer, or member of any board, commission, or other state agency whose [appointments are] appointment is made by the governor, chief justice, office of Hawaiian affairs, or [the] judicial selection commission, or [are] is required by law to be confirmed by the senate.

     "Time of conviction" means the day upon which the person was found guilty of the charges by the trier of fact or determined to be guilty by the court.

     [(c)  Subsections (a) and (b) of this section and any other laws to the contrary notwithstanding, any person convicted of any act, attempt, or conspiracy to overthrow the state or the federal government by force or violence shall not hold any public office or employment.]"

     SECTION 3.  Section 831-3.1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A person shall not be disqualified from public office or employment by the State or any of its branches, political subdivisions, or agencies except under section [831-2(c),] 831‑2(d), or be disqualified to practice, pursue, or engage in any occupation, trade, vocation, profession, or business for which a permit, license, registration, or certificate is required by the State or any of its branches, political subdivisions, or agencies, solely by reason of a prior conviction of a crime; provided that:

     (1)  With respect to liquor licenses, a person who has been convicted of a felony may be denied a liquor license by the liquor commission; and

     (2)  A person who within the past ten years, excluding any period of incarceration, has been convicted of a crime that bears a rational relationship to the duties and responsibilities of a job, occupation, trade, vocation, profession, or business may be denied employment, a permit, license, registration, or certificate.  Nothing in this subsection shall abrogate any applicable appeal rights under chapters 76 or 89."

     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.

 

 

Report Title:

Rights Lost; Public Office; Offenses Against Public Administration

 

Description:

Prohibits persons convicted of certain felony offenses against public administration from becoming a candidate for or holding public office for ten years after the person's final discharge.  (SD1)

 

 

 

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