2023 Hawaii Revised Statutes
Title 37. Hawaii Penal Code
710. Offenses Against Public Administration
710-1072.5 Obstruction of justice.
§710-1072.5 Obstruction of justice. (1) A person commits the offense of obstruction of justice if the person intentionally:
(a) When called as a witness and having been granted immunity pursuant to chapters 480 and 621C, before or after having been qualified as a witness, refuses to testify or be qualified as a witness when duly directed to testify or be qualified as a witness; or
(b) Influences; obstructs; impedes; or endeavors to influence, obstruct, or impede, the due administration of justice by means of force, threat of force, coercion, fraud, or deception.
(2) Obstruction of justice shall be a class C felony; provided that if the person engaged in activity under subsection (1)(b), obstruction of justice shall be a class B felony. [L 1978, c 211, §1; am L 1980, c 173, §7; gen ch 1993; am L 2023, c 137, §1]
COMMENTARY ON §710-1072.5
Act 211, Session Laws 1978, added this section to provide for the situation where a person refuses to testify or be qualified as a witness after having been granted immunity, as distinguished from the situation where, under §710-1077(h), a person refuses to testify or be qualified as a witness without a grant of immunity. Senate Conference Committee Report No. 57-78, House Conference Committee Report No. 56.
Act 173, Session Laws 1980, added the reference to chapter 480 in view of the amendments to that chapter regarding immunity.
Act 137, Session Laws 2023, amended this section to establish the class B felony offense of obstruction of justice to include intentionally influencing; obstructing; impeding; or endeavoring to influence, obstruct, or impede, the due administration of justice by means of force, threat of force, coercion, fraud, or deception. The legislature found that to improve the standard of conduct within government and to more effectively combat fraud, waste, and corruption, it was necessary to establish criminal offenses and penalties, including the offense of obstruction of justice. Additionally, the legislature found that making false statements or entries within local government could weaken democracy. As such, the legislature noted that Act 137 would restore public trust in state government and increase the level of transparency in its operations and accountability of individuals. Senate Standing Committee Report No. 1829, Conference Committee Report No. 10, Senate Standing Committee Report No. 1418.
