Establishes a statute of limitations of nine years for a bribery offense. (CD1), the official text

THE SENATE

S.B. NO.

2494

THIRTY-THIRD LEGISLATURE, 2026

H.D. 1

STATE OF HAWAII

C.D. 1

A BILL FOR AN ACT

RELATING TO CORRUPTION.

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

SECTION 1.  The
legislature finds that when an individual is charged under both federal and state
law, the federal investigation and prosecution of that individual takes
precedence over those of the State.  In
the event that the length or outcome of a federal investigation precludes the
statute of limitations for the prosecution of a crime under state law, the
indicted may avoid prosecution in the State, resulting in a miscarriage of
justice.  Bribery, for example, is a
class B felony, and generally, state law provides for a statute of limitations
of three years for class B felonies.

Accordingly, the purpose of this Act is to
establish a statute of limitations of nine years for a bribery offense.

SECTION 2.  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 the 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 section 701-108 and any law to the contrary, prosecution
for an offense under subsection (1) shall be commenced within nine years from
the date the offense is committed."

SECTION 3.
Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

SECTION 4.  This Act shall take effect upon its approval.