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THE SENATE |
S.B. NO. |
442 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIMINAL PROSECUTION UNDER CAMPAIGN FINANCE LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 11-412, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any person who knowingly or intentionally falsifies any report required by this part with the intent to circumvent the law or deceive the commission or who violates section 11-352 or 11-353 shall be guilty of a class C felony. A person charged with a class C felony shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853. The applicable period of limitation for a prosecution under this subsection shall not commence until the discovery of the offense by the commission."
SECTION 2. Section 701-108, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Except as otherwise provided [in
this section,] by law, prosecutions for other offenses are subject
to the following periods of limitation:
(a) A prosecution for manslaughter where the death was not caused by the operation of a motor vehicle must be commenced within ten years after it is committed;
(b) A prosecution for a class A felony must be commenced within six years after it is committed;
(c) A prosecution for any felony under part IX of chapter 708 must be commenced within five years after it is committed;
(d) A prosecution for any other felony must be commenced within three years after it is committed; provided that the period of limitation for a prosecution under section 11-412(b) shall commence pursuant to that subsection;
(e) A prosecution for a misdemeanor or parking violation must be commenced within two years after it is committed; and
(f) A prosecution for a petty misdemeanor or a violation other than a parking violation must be commenced within one year after it is committed."
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 7, 2059.
Report Title:
Campaign Spending Commission Package; Criminal Prosecution; Period of Limitation
Description:
Provides that the period of limitation for a prosecution under the law relating to falsifying a campaign spending report shall commence upon discovery of the alleged offense by the campaign spending commission. Takes effect on 1/7/2059. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.