Hawaii Senate Bill SB2824

Hawaii 2026 Regular Session

• Introduced: 1/23/26
• Refer: 1/30/26
• Report Pass: 2/12/26
• Refer: 2/12/26

Caption

RELATING TO BRIBERY.

Summary

SB2824 would create a new criminal offense for public servants who fail to report bribery. Under the bill, if a public servant knows or has reasonable certainty that a bribe was offered, conferred, solicited, or accepted, the public servant must report the offense to the Department of the Attorney General or a county prosecutor’s office within 30 days. The measure applies both when the public servant is the target of the bribe and when the public servant learns that another public servant was involved in bribery. The bill amends Chapter 710 of the Hawaii Revised Statutes by adding this reporting duty and classifying a violation as a misdemeanor. It also defines “public servant” broadly to include elected or appointed officers or employees of any branch of government, including individuals who have been elected or appointed but have not yet taken office. The bill is set to take effect on July 1, 2050, and includes a standard savings clause preserving existing rights, duties, penalties, and proceedings that arose before the effective date.

Impact

If enacted, SB2824 would expand Hawaii’s bribery and public corruption laws by imposing an affirmative legal duty on public servants to report known or reasonably suspected bribery. This would add a new misdemeanor offense to Chapter 710 and create potential criminal exposure not only for bribery participants but also for officials who remain silent after learning of the conduct. The bill would affect public employees, appointed officials, elected officials, and incoming officeholders, and would direct reports to the Attorney General or county prosecutors.

Sentiment

The available voting history suggests the bill has been received favorably in committee. It passed both the Senate Public Safety, Intergovernmental and Military Affairs Committee and the Senate Labor and Technology Committee unanimously, 5-0, each time with amendments. The lack of recorded opposition in the available materials indicates general support for the bill’s anti-corruption purpose, at least at the committee stage.

Contention

The main policy issue is the scope of the new reporting obligation and whether failure to report should be criminalized. Supporters, as reflected in the bill findings, view mandatory reporting as a necessary anti-corruption tool and compare it to other mandatory reporting regimes. Potential concerns include the breadth of the definition of public servant, the 30-day reporting window, the knowledge standard (“knows or has knowledge” and “reasonable certainty”), and whether imposing misdemeanor liability for nonreporting could be difficult to administer or could chill internal handling of allegations. No specific opposition is reflected in the provided transcripts or votes.