Bill Text: HI HB986 | 2023 | Regular Session | Amended
Bill Title: Relating To Official Misconduct.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-06-23 - Act 130, 06/23/2023 (Gov. Msg. No. 1231). [HB986 Detail]
Download: Hawaii-2023-HB986-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
986 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO OFFICIAL MISCONDUCT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to establish the criminal offense of official misconduct.
SECTION 2. Chapter 710, Hawaii Revised Statutes, is amended by adding to part II a new section to be appropriately designated and to read as follows:
"§710- Official misconduct; penalty. (1) A public servant commits the offense of
official misconduct when, in the person's official capacity, the
person:
(a) With
intent to obtain a benefit other than the person's lawful compensation,
intentionally or knowingly performs an act using the power of that person's office, knowing that the
act constitutes an unauthorized exercise of the person's official functions;
(b) With
intent to obtain a benefit other than the person's lawful compensation,
intentionally or knowingly refrains from performing an official duty required
by law; or
(c) Intentionally
or knowingly submits or invites reliance on any statement, document, or record,
in written, printed, or electronic form, which the person knows to be falsely
made, completed, or altered, or in which the person knows to contain a false
statement or false information.
(2) As used in this section, "official
function"
means the decision, opinion, recommendation, vote, or other exercise or
performance of duty of a public servant.
(3) Official misconduct is a class C felony.
(4) This section shall not apply to any statement made, action taken, or inaction by a member
of the legislature in the exercise of the member's legislative functions pursuant
to article III, section 7, of the Hawaii State Constitution."
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. New statutory material is
underscored.
SECTION 5. This Act shall take effect on June 30, 3000.
Report Title:
Penal Code; Official Misconduct; Offenses Against Public Administration
Description:
Establishes the class C felony offense of official misconduct to prohibit a person, when in the person's official capacity, from acting or refraining from performing an official duty to obtain a benefit other than the person's lawful compensation or submitting or inviting reliance on any false statement, document, or record. Effective 6/30/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
