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SB2249
THE SENATE
S.B. NO.
2249
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
.
�
Section
710-1040, Hawaii Revised Statutes, is amended to read as follows:
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"
�710-1040
�
Bribery.
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(1)
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A
person commits the offense of bribery if:
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(a)
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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
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(b)
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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.
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(2)
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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.
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(3)
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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.
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(4)
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Bribery is a class B felony.
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[
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.
]
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(5)
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Notwithstanding subsection (4), bribery is a
class A felony without the possibility of probation or suspension of sentence
if:
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(a)
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The public
servant is an elected or appointed official;
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(b)
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The value, or
aggregate value, of the pecuniary benefit described in subsections (1)(a) and
(1)(b) exceeds $20,000; or
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(c)
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The person
commits three or more acts of bribery as described in subsections 1(a) or 1(b)
in any three‑year period.
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(6)
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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.
"
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SECTION 2.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun,
before the effective date of this Act.
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SECTION 3.
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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.
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SECTION 4.
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Statutory material to be repealed is
bracketed and stricken.
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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:
_____________________________
By Request
Report Title:
Honolulu
Prosecuting Attorney Package; Criminal Offense; 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.