HOUSE OF REPRESENTATIVES

H.B. NO.

1804

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to unsworn falsification to a law enforcement officer.

 

 

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

 


     SECTION 1.  The legislature finds that Hawaii's existing penal code does not adequately address situations in which a person provides a statement to a law enforcement officer during an investigation that contains false information intended to mislead, divert, or hinder the investigation.  These types of statements may delay an investigation and could enable the suspect or suspects to flee by diverting resources to avenues that do not further the investigation and persons having nothing to do with the crime.

     Accordingly, the purpose of this Act is to establish the offense of unsworn falsification to a law enforcement officer during an official investigation.

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

     "§710-    Unsworn falsification to a law enforcement officer.  (1)  A person commits the offense of unsworn falsification to a law enforcement officer if, during the course of an investigation, the person intentionally or knowingly:

    (a)   Makes an unsworn written or verbal statement to a law enforcement officer that is a materially false, fictitious, or fraudulent statement or representation; or

    (b)   Makes or uses any unsworn false document containing any materially false, fictitious, or fraudulent statement or entry,

which may later be used in an official proceeding. 

     (2)  Unsworn falsification to a law enforcement officer is the same grade of offense that is being investigated, but no less than a misdemeanor."

     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.  New statutory material is underscored.

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

 

INTRODUCED BY:

 

 

 


 


 

Report Title:

False Statements and Documents; Law Enforcement; Investigation

 

Description:

Establishes the offense of Unsworn Falsification to a Law Enforcement Officer prohibiting a person from intentionally or knowingly making a false statement, or making or using a false document, to an officer during the course of an investigation that is materially false, fictitious, or fraudulent.

 

 

 

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