Bill Text: HI HB1871 | 2024 | Regular Session | Introduced

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Bill Title: Relating To Fraudulent Activity.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-24 - Referred to JHA, referral sheet 1 [HB1871 Detail]

Download: Hawaii-2024-HB1871-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1871
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to fraudulent activity.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Act 131, Session Laws of Hawaii 2023, is amended by amending sections 2 and 3 to read as follows:

     "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 shall be a class B felony[.], without possibility of probation or suspension of sentence."

     SECTION 3.  Chapter 710, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§710-     Making a false, fictitious, or fraudulent claim.  (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)  Making a false, fictitious, or fraudulent claim against the State or a county shall be a class C felony[.], without possibility of probation or suspension of sentence.

     §710-     Use of false statements or entries; generally.  (1)  Except as otherwise provided in this section, a person commits the offense of use of false statements or entries if, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the State, the person intentionally or knowingly:

     (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;

     (c)  Makes any false writing or document knowing the writing or document contains any materially false, fictitious, or fraudulent statement or entry; or

     (d)  Uses any false writing or document knowing the writing or document contains any materially false, fictitious, or fraudulent statement or entry for the purpose of presenting any statement or entry as true or for the purpose of substantiating any conclusion that is made more likely by any 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 or rule 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.

     (4)  Use of false statements or entries shall be a class C felony[.], without possibility of probation or suspension of sentence.""

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	By Request

 

 

Report Title:

Honolulu Prosecuting Attorney Package; Criminal Offenses; Fraud; False Claims; False Statements

 

Description:

Removes the possibility of probation or suspension of sentence for the offenses of fraud, false claims, and false statements.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.