Bill Text: HI SB2192 | 2024 | Regular Session | Introduced
Bill Title: Relating To Bribery.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-18 - Referred to JDC. [SB2192 Detail]
Download: Hawaii-2024-SB2192-Introduced.html
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THE SENATE |
S.B. NO. |
2192 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO BRIBERY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 710-1040, Hawaii Revised Statutes, is amended to read as follows:
"§710-1040 Bribery. (1) A person commits the offense of bribery if:
(a) The
person confers, or offers or agrees to confer, directly or indirectly, any
pecuniary benefit upon a public servant with the intent to influence the public
servant's vote, opinion, judgment, exercise of discretion, or other action in
the public servant's official capacity; or
(b) While
a public servant, the person solicits, accepts, or agrees to accept, directly
or indirectly, any pecuniary benefit with the intent that the person's vote,
opinion, judgment, exercise of discretion, or other action as a public servant
will thereby be influenced.
(2) It is a defense to a prosecution under subsection (1) that the accused conferred or agreed to confer the pecuniary benefit as a result of extortion or coercion.
(3) For purposes of this section, "public
servant" includes, in addition to persons who occupy the position
of public servant as defined in section [[]710-1000[]], persons
who have been elected, appointed, or designated to become a public servant
although not yet occupying that position.
(4) Bribery is a class B felony.
(5) Notwithstanding subsection (4), bribery is a
class A felony without the possibility of probation or suspension of sentence
if:
(a) The public servant was an elected or appointed
official;
(b) The value, or aggregate value, of the pecuniary benefit exceeded $20,000; or
(c) The person committed three or more acts of bribery in any three-year period.
(6) A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. 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; Criminal Offenses; Bribery
Description:
Increases penalties for bribery, under certain circumstances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
