RELATING TO PENALTIES.

HB1763

HOUSE OF REPRESENTATIVES

H.B. NO.

1763

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to penalties
.

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.
�
[
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.
]

����
(5)
�
Notwithstanding subsection (4), bribery is a
class A felony without the possibility of probation or suspension of sentence
if:

����
(a)
�
The public
servant is an elected or appointed official;

����
(b)
�
The value, or
aggregate value, of the pecuniary benefit described in subsections (1)(a) or
(1)(b) exceeds $20,000; or

����
(c)
�
The person
commits three or more acts of bribery as described in subsections (1)(a) or
(1)(b) in any three-year period.

����
(6)
�
Notwithstanding any law to the contrary, a
person convicted under this section shall not be eligible for deferred acceptance
of guilty plea or nolo contendere plea under chapter 853.
"

����
SECTION
2
.
�
Section 710-1010.2, Hawaii Revised Statutes,
is amended to read as follows:

����
"
[
[
]
�
710-1010.2[
]
]
�
Official misconduct.
�
(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 that is
imposed upon the person by law or is clearly inherent in the nature of the
person's office; or

����
(c)
�
Intentionally or knowingly submits or
invites reliance on any statement, document, or record, in written, printed, or
electronic form, that 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:

����
"An
official duty that is imposed upon the person by law or is clearly inherent in
the nature of the person's office" means one or more unspecified duties
that are so essential to the accomplishment of the purposes for which the
office was created that it is clearly inherent in the nature of the office.

����
"
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
]
A
felony. "

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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.
�
If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

����
SECTION
5.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 6.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Minority
Caucus Package; Criminal Offenses; Bribery; Official Misconduct

Description:

Establishes
heightened penalties for the offense of bribery under certain circumstances.
�
Increases the penalty for official misconduct
from a class C to a class A felony.

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