SB 67 – Abuse of Power Prevention Act

Senate Bill 67 definitely seems like a response to the trial of former convicted State Auditor Kathy McGuiness. This bill seeks to beef up the abuse of power statute with increased penalties to ensure appropriate accountability of public servants who abuse their positions of power and public trust.

Specifically, this bill provides that a public servant is guilty of official misconduct when, intending to obtain a personal benefit or to cause harm to another person, the public servant knowingly does any of the following:

(1)   Commits  an act constituting an unauthorized exercise of official functions, knowing that the act is  unauthorized.

(2)   Refrains  from performing a  duty, or breaches a duty  which is imposed by law or is clearly inherent in the nature of the office.

(3)   Performs  official functions in a way intended to benefit the public servant’s own property or financial interests under circumstances in which the public servant’s actions would not have been reasonably justified in consideration of the factors which ought to have been taken into account in performing official functions.

(4)   Performs  official functions in a way intended to practice discrimination on the basis of race,  religion,  color,  disability, sexual orientation,  sex, age, gender identity, national origin, or ancestry.

(5) Uses or relies upon their position of trust or authority to engage in criminal conduct.

The bill provides that official misconduct shall be punished as follows:

• For a violation of either subsection (1) or (2) the offense shall be a class A misdemeanor.
• For a violation of subsection (3), (4), or (5) the offense shall be a class G felony.
• Official Misconduct is a class F felony where the value of the personal benefit received, or the harm caused, is $1,500 or more.
• Official Misconduct is a class D felony where the value of the personal benefit received, or the harm caused, is $50,000 or more, but less than $100,000.
• Official Misconduct is a class B felony where the value of the personal benefit received, or the harm caused, is $100,000 or more.
• Official Misconduct is a class F felony where the harm caused is physical injury, or the public servant engages in conduct constituting an offense which is punishable as an unclassified misdemeanor, a class B misdemeanor, or a class A misdemeanor.
• Official Misconduct is a class D felony where the harm caused is serious physical injury, or the public servant engages in conduct constituting an offense which is punishable as a class G felony, a class F felony, or a class E felony.
• Official Misconduct shall be one grade higher than the underlying offense where the public servant engages in conduct constituting an offense which is punishable as a Class D felony or a Class C felony.   
• Official Misconduct shall be a Class A felony where the public servant engages in conduct constituting an offense which is punishable as a Class B felony  or a Class A felony   or where the harm caused is death.

Senate Bill 67 – Abuse of Power Prevention Act	Currrent Status – Senate Judiciary 3/23/23
House Sponsors – Williams, Baumbach, Griffith, Heffernan, Moore, Morrison // Ramone	Senate Sponsors – McBride, Gay, Hansen, Hoffner, Sokola, Sturgeon, Townsend
House Yes Votes –	Senate Yes Votes –
House No Votes –	Senate No Votes –
House Absents or Not Voting –	Senate Absent or Not Voting –