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HB390 • 2026

RELATING TO BRIBERY.

RELATING TO BRIBERY.

Crime
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
NAKAMURA (Introduced by request of another party)
Last action
2025-12-08
Official status
Carried over to 2026 Regular Session.
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on how the bill affects plea bargaining beyond mentioning deferred acceptance of guilty plea or nolo contendere plea under chapter 853.

Law to Make Penalties for Bribery Stronger

This bill establishes more severe penalties for the crime of bribery under certain conditions.

What This Bill Does

  • Changes the law to make bribery a class A felony in some cases, which means it's a very serious crime with harsh punishments.
  • Limits the ability of people convicted of bribery to avoid full sentences by not allowing deferred acceptance of guilty plea or nolo contendere plea under chapter 853.
  • Increases penalties if the value of what is offered or accepted exceeds $20,000 or if someone commits three acts of bribery within any three-year period.

Who It Names or Affects

  • People who commit bribery
  • Public servants and those about to become public servants

Terms To Know

Class A felony
A very serious crime that has severe penalties, including long prison sentences.
Pecuniary benefit
Something of value given or received, like money or gifts.

Limits and Unknowns

  • The bill does not affect cases and penalties that were already decided before the law was passed.
  • If part of the bill is found to be illegal, only that part will be removed while the rest remains in effect.

Bill History

  1. 2025-12-08 D

    Carried over to 2026 Regular Session.

  2. 2025-01-21 H

    Referred to JHA, referral sheet 1

  3. 2025-01-17 H

    Introduced and Pass First Reading.

  4. 2025-01-16 H

    Pending introduction.

Official Summary Text

RELATING TO BRIBERY.
Honolulu Prosecuting Attorney Package; Criminal Offenses; Bribery
Establishes heightened penalties for the offense of bribery, under certain circumstances.

Current Bill Text

Read the full stored bill text 
HB390

HOUSE OF REPRESENTATIVES

H.B. NO.

390

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

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.
�
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.
�

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.
�

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 4.
�

New statutory material is underscored.

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

INTRODUCED BY:

_____________________________

By Request

Report Title:

Honolulu
Prosecuting Attorney Package; Criminal Offenses; Bribery

Description:

Establishes
heightened penalties for the offense of 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.