2023 Hawaii Revised Statutes
Title 37. Hawaii Penal Code
710. Offenses Against Public Administration
710-1080 Use of false statements or entries; generally.

§710-1080 Use of false statements or entries; generally. (1) Except as otherwise provided in this section, a person commits the offense of use of false statements or entries if, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the State, the person intentionally or knowingly:

(a) Falsifies, conceals, or covers up a material fact by any trick, scheme, or device;

(b) Makes any materially false, fictitious, or fraudulent statement or representation;

(c) Makes any false writing or document knowing the writing or document contains any materially false, fictitious, or fraudulent statement or entry; or

(d) Uses any false writing or document knowing the writing or document contains any materially false, fictitious, or fraudulent statement or entry for the purpose of presenting any statement or entry as true or for the purpose of substantiating any conclusion that is made more likely by any statement or entry.

(2) Subsection (1) shall not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings, or documents submitted by the party or counsel to a judge or magistrate in the proceeding.

(3) With respect to any matter within the jurisdiction of the legislature, subsection (1) shall apply only to:

(a) Administrative matters, including:

(i) A claim for payment;

(ii) A matter related to the procurement of property or services;

(iii) Personnel or employment practices;

(iv) Support services; or

(v) A document required by law or rule to be submitted to the legislature or any office or officer within the legislature; or

(b) Any investigation or review conducted pursuant to the authority of any committee, subcommittee, commission, or office of the legislature, consistent with applicable rules of the senate or house of representatives.

(4) Use of false statements or entries shall be a class C felony. [L 2023, c 131, pt of §3]

COMMENTARY ON § §710-1079 TO 710-1080

Act 131, Session Laws 2023, added § §710-1079 and 710-1080 to: (1) establish the offense of making a false, fictitious, or fraudulent claim against the State or a county as a class C felony; and (2) establish the offense of the use of false statements or entries in matters within the jurisdiction of the executive, legislative, or judicial branches of the State as a class C felony. The legislature found that it was of utmost importance to restore public trust in state government and increase the level of transparency in government operations and accountability of individuals. 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. Act 131 provided a mechanism to increase the public's trust and confidence in state and local government while providing law enforcement with a tool to adequately deter and commensurately punish acts of public corruption. Conference Committee Report No. 1, Senate Standing Committee Report No. 720.