§ 831-2. Rights lost | Statutes | Westlaw

§ 831-2. Rights lost | Statutes | Westlaw

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§ 831-2. Rights lost

HI ST § 831-2West's Hawai‘i Revised Statutes AnnotatedDivision 5. Crimes and Criminal Proceedings (Approx. 2 pages)

§ 831-2. Rights lost

HI ST § 831-2West's Hawai‘i Revised Statutes AnnotatedDivision 5. Crimes and Criminal Proceedings (Approx. 2 pages)

West's Hawai'i Revised Statutes Annotated
Division 5. Crimes and Criminal Proceedings
Title 38. Procedural and Supplementary Provisions
Chapter 831. Uniform Act on Status of Convicted Persons
HRS § 831-2
§ 831-2. Rights lost
(a) A person sentenced for a felony, from the time of the person's sentence until the person's final discharge, may not:
(1) Vote in an election, but if the defendant is placed on probation or the defendant is paroled after commitment to imprisonment, the defendant may vote during the period of the probation or parole; or
(2) Become a candidate for or hold public office.
(b) A public office held at the time of conviction is forfeited as of the date of the conviction, if the conviction is in this State, or, if the conviction is in another state or in a federal court, as of the date a certification of the conviction from the trial court is filed in the office of the lieutenant governor who shall receive and file it as a public document. An appeal or other proceeding taken to set aside or otherwise nullify the conviction or sentence does not affect the application of this section.
For purposes of this section:
“Public office” means an office held by an elected official, department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor, chief justice, office of Hawaiian affairs, or the judicial selection commission, or are required by law to be confirmed by the senate.
“Time of conviction” means the day upon which the person was found guilty of the charges by the trier of fact or determined to be guilty by the court.
(c) Subsections (a) and (b) of this section and any other laws to the contrary notwithstanding, any person convicted of any act, attempt, or conspiracy to overthrow the state or the federal government by force or violence shall not hold any public office or employment.

Credits

Laws 1969, ch. 250, § 1; H.R.S. § 716-2; Laws 1972, ch. 9, § 1; Laws 1979, ch. 53, § 2; Laws 1984, ch. 90, § 1; Laws 2002, ch. 171, § 2; Laws 2003, ch. 150, § 3; Laws 2006, ch. 253, § 3.
H R S § 831-2, HI ST § 831-2
Current through Act 39 of the 2024 Regular Session, pending text revision by the revisor of statutes. Some statute sections may be more current; see credits for details.
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