STAND. COM. REP. NO. 694

Honolulu, Hawaii

RE: S.B. No. 283

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 283 entitled:

"A BILL FOR AN ACT RELATING TO BRIBERY,"

begs leave to report as follows:

The purpose and intent of this measure is to establish heightened penalties for the offense of bribery, under certain circumstances.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and one individual.

Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

Your Committee finds that federal prosecutors have historically taken the lead in prosecuting state and county officials involved in bribery, largely because federal laws are more effective in use and consequence. Given numerous recent scandals that have shaken local communities' trust in state and county government, your Committee believes that the State should send a strong message to would-be offenders that engaging in bribery will not be tolerated. Accordingly, this measure will better equip county prosecutors with the tools to prosecute public corruption and deter offenders from engaging in bribery in the first place.

Your Committee notes that, under existing law, the sentence for a class A felony is an indeterminate term of imprisonment of twenty years without the possibility of suspension of sentence or probation. Given the significant potential sentence of incarceration for class A felonies, your Committee believes that the heightened penalties for bribery under this measure should be commensurate with the criminal act committed.

Accordingly, your Committee has amended this measure by:

(1) Requiring the person committing the act of bribery be an elected or appointed official for the heightened penalties to apply;

(2) Increasing the minimum threshold for the heightened penalties established by this measure to either:

(A) An act constituting the offense of bribery with a value of the pecuniary benefit that exceeds $50,000; or

(B) Three or more acts of bribery within a three-year period with a value, or aggregate value, of the pecuniary benefit of the acts that exceeds $50,000; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 283, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 283, S.D. 1, and be placed on the calendar for Third Reading.

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

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KARL RHOADS, Chair