Bill Text: HI HB127 | 2024 | Regular Session | Introduced
Bill Title: Relating To Fraud.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [HB127 Detail]
Download: Hawaii-2024-HB127-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
127 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to fraud.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that an essential goal of the commission was to provide recommendations that would help restore public trust in state government and increase the levels of government transparency and individual accountability. The strength and stability of our democratic government rely upon the public's trust in government institutions, including the expectation that officers act ethically and with prudence, integrity, and sound judgment.
The legislature notes that, pursuant to House Resolution No. 9, the commission to improve standards of conduct convened regularly throughout 2022 to diligently review, discuss, and consider the issues presented. The commission submitted an interim report to the house of representatives outlining areas of immediate and long-term focus and then continued its work with input from the public and invited individuals and agencies. The commission issued a final report with various recommendations and proposed legislation.
Accordingly, the purpose of this Act is to implement the commission's recommendations to improve standards of conduct relating to combatting fraud, waste, and corruption by:
(1) Establishing the offense of making a false, frivolous, or fraudulent claim against the State or any county;
(2) Prohibiting the use or making of false statements or entries in matters within the jurisdiction of the executive, legislative, or judicial branches of the State; and
(3) Establishing a general fraud statute that is intended to cover schemes to obtain financial or other gains by means of false statements, misrepresentations, concealment of important information, or deception.
The legislature also notes that this Act is modeled after the following federal fraud statutes:
(1) Title 18 United States Code section 287 (false claims);
(2) Title 18 United States Code section 1001 (false statements);
(3) Title 18 United States Code section 1341 (mail fraud);
(4) Title 18 United States Code section 1343 (wire fraud);
(5) Title 18 United States Code section 1344 (bank fraud); and
(6) Title 18 United States Code section 1346 (definition of "scheme or artifice to defraud").
Therefore, in applying this Act, state courts and counsel should look to federal caselaw and precedent for direction. It should be noted that references in the federal statutes to "mail" and "wire" merely provide the nexus for federal jurisdiction.
SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§708-
Fraud. (1) A
person commits the offense of fraud if, with the intent to defraud, the person
executes or attempts to execute any scheme or artifice to defraud or for the
purpose of obtaining money or property by means of false or fraudulent
pretenses, representations, or promises.
(2) For purposes of this section,
"scheme or artifice to defraud" includes a scheme or artifice to
deprive another of the intangible right of honest services.
(3) Fraud is a class B felony, and
a person convicted under this section shall be sentenced to a mandatory minimum
term of imprisonment of one year, without the possibility of probation."
SECTION 3. Chapter 710, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§710-
False, fictitious, or
fraudulent claims. (1) A
person commits the offense of making a false, fictitious, or fraudulent claim
against the State or a county if the person makes or presents to any agent of
the State, counties, or any department or agency thereof, any claim upon or
against the State, county, department, or agency, that the person knows to be
false, fictitious, or fraudulent.
(2) Any person charged under this
section shall not be eligible for a deferred acceptance of guilty plea or nolo
contendere plea under chapter 853.
(3) Making a false, fictitious, or
fraudulent claim against the State or a county is a class C felony.
§710-
Use of false statements
or entries; generally. (1)
Except as otherwise provided in this section, a person commits the
offense of using or making false statements or entries if, in any matter within
the jurisdiction of the executive, legislative, or judicial branch of the State,
the person knowingly and wilfully:
(a) Falsifies, conceals, or covers up a
material fact by any trick, scheme, or device;
(b) Makes any materially false,
fictitious, or fraudulent statement or representation; or
(c) Makes or uses any false writing or
document knowing the writing or document contains any materially false,
fictitious, or fraudulent statement or entry.
(2) Subsection (1) shall not apply
to a party to a judicial proceeding, or that party's counsel, for statements,
representations, writings, or documents submitted by the party or counsel to a
judge or magistrate in the proceeding.
(3) With respect to any matter
within the jurisdiction of the legislature, subsection (1) shall apply only to:
(a) Administrative matters, including:
(i) A claim for payment;
(ii) A matter related to the procurement
of property or services;
(iii) Personnel or employment practices;
(iv) Support services; or
(v) A document required by law, rule, or
regulation to be submitted to the legislature or any office or officer within
the legislature; or
(b) Any investigation or review conducted pursuant to the authority of any committee, subcommittee, commission, or office of the legislature, consistent with applicable rules of the senate or house of representatives."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. 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 6. New statutory material is underscored.
SECTION 7. 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; Public Corruption; Fraud; Criminal Offenses;
Penalties
Description:
Establishes
the offense of fraud as a class B felony.
Establishes the offense of making a false, fictitious, or fraudulent
claim against the State or a county as a class C felony. Establishes the offense of the use of false
statements or entries in matters within the jurisdiction of the executive,
legislative, or judicial branches of the State as a class C felony.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
