THE SENATE	S.C.R. NO.	150
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

Requesting the Department of the Attorney General to PROPOSE legislation that criminalizes any acts by ELIGIBLE public officials, INCLUDING local law enforcement THAT VIOLATE THEIR OATHS TO UPHOLD THE UNITED STATES CONSTITUTION AND HAWAII STATE CONSTITUTION.

 

 

        WHEREAS, article XVI, section 4, of the Hawaii State Constitution requires eligible public officials to take an oath to defend the Constitution of the United States and Constitution of the State of Hawaii; and

 

        WHEREAS, eligible public officials required to take the oath of office under article XVI, section 4, of the Hawaii State Constitution are the Governor, Lieutenant Governor, members of both houses of the Legislature, members of the Board of Education, members of the national guard, state or county employees who possess police powers, district court judges, and all those whose appointment requires the consent of the Senate; and

 

        WHEREAS, the oath states:  I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as _____________ to the best of my ability; and

 

        WHEREAS, neither the Hawaii State Constitution nor the Hawaii Revised Statutes provide specific penalties for an eligible public official's violation of their oath to defend the United States Constitution or Hawaii State Constitution; now, therefore,

 

        BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the House of Representatives concurring, that the Department of the Attorney General is requested to propose legislation that would create law criminalizing acts by eligible public officials, including local law enforcement that violate their oath to uphold the United States Constitution and Hawaii State Constitution; and

 

        BE IT FURTHER RESOLVED that any proposed legislation is requested to include, as a penalty for conviction, the loss of any benefits to which the public official or local law enforcement may be entitled to receive as a result of their employment; and

 

        BE IT FURTHER RESOLVED that the Department of the Attorney General is requested to submit the proposed legislation to the Legislature no later than twenty days prior to the convening of the Regular Session of 2022; and

 

        BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Attorney General.

 

 

 

	OFFERED BY:	_____________________________

Report Title:  

Constitution; Public Officials; Oath of Office; Penalties