Committee backs misdemeanor for failure-to-report bribery; AG urges wording change

The committee advanced SB2737 with amendments to its definitions and reporting pathways after the Department of the Attorney General submitted comments and suggested changing the covered class from 'state or county elected official' to 'public servant' for consistency with existing bribery statutes. Deputy Attorney General Mark Tom told the committee the change would align the new reporting offense with defined terms already used in statute and would encompass positions not explicitly covered by the bill’s original language.

Daniel Hugo of the Honolulu Prosecutor's Office said prosecutors appreciate the bill’s intent but cautioned the committee that creating a criminal failure-to-report offense could create Fifth Amendment invocation issues (i.e., witnesses who claim privilege could thereby avoid grand-jury testimony). "At this point ... if a witness does not have a valid privilege and they're summoned before a grand jury ... it would be criminal contempt to refuse to answer those questions," Hugo said, explaining the concern that a new failure-to-report crime might provide a basis for asserting privilege.