Bill Text: HI SB1544 | 2023 | Regular Session | Introduced
Bill Title: Relating To Fraud.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2023-01-30 - Referred to JDC. [SB1544 Detail]
Download: Hawaii-2023-SB1544-Introduced.html
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THE SENATE |
S.B. NO. |
1544 |
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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 state courts and counsel should look to federal caselaw and precedent for direction. Federal general fraud statutes include the following:
(1) Title 18 United States Code section 1341 (mail fraud);
(2) Title 18 United States Code section 1343 (wire fraud);
(3) Title 18 United States Code section 1346 (definition of "scheme or artifice to defraud"); and
(4) Title 18 United States Code section 1344 (bank fraud).
Accordingly, the purpose of this Act is to:
(1) Establish a general fraud statute that is intended to cover schemes to obtain financial or other gain by means of false statements, misrepresentations, concealment of important information, or deception; and
(2) Disqualify a person from holding elected public office for a period of ten years upon conviction of fraud.
SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section 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 to obtain money or property by means of false
or fraudulent pretenses, representations, or promises.
(2) Application of this section shall be based
on:
(A) Title 18 United States Code section 1341;
(B) Title 18 United States Code section
1343;
(C) Title 18 United States Code section
1346; and
(D) Title 18 United States Code section 1344,
and any
relevant federal case law and precedent.
(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. (4)
For the purposes of this section "scheme or artifice to
defraud" includes a scheme or artifice to deprive another of the
intangible right of honest services."
SECTION 3. Section 11-412, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) A person who is convicted under this section, or for fraud under section 708- , shall be disqualified from holding elective public office for a period of ten years from the date of conviction."
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. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Fraud; Class B Felony; Establishment; Disqualification; Elective Public Office; Conviction
Description:
Establishes the offense of fraud as a class B felony. Disqualifies a person from holding elective public office for a period of ten years upon conviction of fraud.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
