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THE SENATE |
S.B. NO. |
283 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to bribery.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 710-1040, Hawaii Revised Statutes, is amended to read as follows:
"§710-1040 Bribery. (1) A person commits the offense of bribery if:
(a) The person confers, or offers or agrees to
confer, directly or indirectly, any pecuniary benefit upon a public servant
with the intent to influence the public servant's vote, opinion, judgment,
exercise of discretion, or other action in the public servant's official
capacity; or
(b) While a public servant, the person solicits,
accepts, or agrees to accept, directly or indirectly, any pecuniary benefit
with the intent that the person's vote, opinion, judgment, exercise of
discretion, or other action as a public servant will thereby be influenced.
(2) It is a defense to a prosecution under subsection (1) that the accused conferred or agreed to confer the pecuniary benefit as a result of extortion or coercion.
(3) For purposes of this section, "public
servant" includes in addition to persons who occupy the position of public
servant as defined in section [[]710-1000[]], persons who have
been elected, appointed, or designated to become a public servant although not
yet occupying that position.
(4) Bribery is a class B felony. A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853.
(5)
Notwithstanding subsection (4), bribery
is a class A felony without the possibility of probation or suspension of sentence
if:
(a) The public servant is an elected or
appointed official;
(b) The value, or aggregate value, of
the pecuniary benefit described in subsections (1)(a) or (1)(b) exceeds
$20,000; or
(c) The person commits three or more
acts of bribery as described in subsections (1)(a) or (1)(b) in any three-year period.
(6) Notwithstanding any law to the contrary, a person convicted under this section shall not be eligible for deferred acceptance of guilty plea or nolo contendere plea under chapter 853."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. 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 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
Honolulu Prosecuting Attorney Package; Criminal Offenses; Bribery
Description:
Establishes heightened penalties for the offense of bribery, under certain circumstances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.