RELATING TO BRIBERY.

HB2124

HOUSE OF REPRESENTATIVES

H.B. NO.

2124

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to bribery
.

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

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SECTION
1.
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The legislature finds that bribery
and related acts of public corruption fundamentally undermine the integrity of
government, distort the fair and impartial exercise of official duties, and
erode public confidence in democratic institutions.

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The
legislature further finds that existing law prohibits the offering,
solicitation, and acceptance of bribes, including the bribery of public
servants.
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However, existing law does not
impose an affirmative duty on public servants to report incidents of bribery,
allowing corruption to persist through silence and concealment.

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The
legislature additionally finds that numerous states across the county have
implemented statutes establishing an affirmative reporting duty for public
servants.
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These statutes reflect a
national standard:
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public service
entails not only a prohibition on accepting or soliciting bribes but also an
affirmative obligation to report known or reasonably suspected corruption in a
timely manner.
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Similarly to other
professions that require mandatory reporting, such as teachers reporting when a
student is suspected of being abused or neglected, public servants should be
mandated to report incidents of suspected bribery, whether they are targets,
bystanders, or witnesses.
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At its worst,
failing to report bribery may be seen as aiding and abetting.

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Accordingly,
the purpose of this Act is to establish the offense of failure to report
bribery as a misdemeanor.

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SECTION 2.
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Chapter 710, Hawaii Revised Statutes, is
amended by adding a new section to part IV to be appropriately designated and
to read as follows:

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�710-
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Failure to report bribery; public servants.
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(1)
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A public servant commits the offense of
failure to report bribery when the public servant:

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(a)
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Knows or has knowledge that:

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(i)
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A person has conferred, offered, or agreed
to confer, directly or indirectly, any pecuniary benefit upon the public
servant pursuant to section 710-1040 (1)(a); or

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(ii)
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Another public servant solicited, accepted,
or agreed to accept, directly or indirectly, any pecuniary benefit pursuant to
section 710-1040 (1)(b); and

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(b)
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Does not report such offense to the department
of the attorney general or a county prosecutor's office within thirty days of
becoming aware, with reasonable certainty, that an offense occurred.

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(2)
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Failure to report bribery is a misdemeanor.

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(3)
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For the purposes of this section,
"public servant" has the same meaning as in section 710-1000 and includes
an officer or employee of any branch of government that has been elected or
appointed but is not yet occupying the position.
"

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SECTION 3.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 4.
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New statutory material is underscored.

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SECTION 5.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Failure
to Report Bribery; Public Servants; Misdemeanor

Description:

Establishes
the offense of failure to report bribery as a misdemeanor.

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