STAND. COM. REP. NO. 1295-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 2352
                                     S.D. 2
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred S.B. No. 2352, S.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO COMPUTER OFFENSES,"

begs leave to report as follows:

     The purpose of this bill is to revise Hawaii's statutes
relating to computer based criminal activity.

     The Department of the Attorney General, the Department of
the Prosecuting Attorney for the City and County of Honolulu, the
law firm of Goodsill Anderson Quinn & Stifel, and a concerned
individual testified in support of the measure.  The Office of
the Public Defender and the Honolulu Police Department testified
in opposition to the measure.

     Your Committee finds that better computer crime laws are
needed to protect the public.  At the same time, more study and
input by both the private and public sectors are needed to
develop comprehensive laws on the subject.

     Your Committee amended this bill by deleting the contents of
bill and inserting provisions that:

     (1)  Create the criminal offenses of:

          (a)  Computer Fraud in the First Degree, a class B
               felony;

 
 
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          (b)  Computer Fraud in the Second Degree, a class C
               felony;

          (c)  Computer Damage in the First Degree; a class B
               felony; and

          (d)  Computer Damage in the Second Degree, a class C
               felony;

     (2)  Subject to forfeiture any property used in the
          commission of a computer offense;

     (3)  Extend jurisdiction for prosecution of computer offense
          to beyond Hawaii;

     (4)  Extend the statute of limitation for these crimes to
          five years;

     (5)  Define extortion to include threats of damaging
          someone's computer;

     (6)  Amend Section 708-890, Hawaii Revised Statutes (HRS)
          by:

          (a)  Making revisions to definitions of Access,
               Computer, Computer Equipment, Computer Network,
               Computer Program, Computer Service, Data and
               Property;

          (b)  Adding definitions of Damage, Obtain Information,
               Rule of Court and Statute; and

          (c)  Deleting definitions of Disruption and Injury;

     (7)  Amend Section 708-891, HRS to create the offense of
          Unauthorized Computer Access in the First Degree, a
          class B felony;

     (8)  Amend Section 708-892, HRS to create the offense of
          Unauthorized Computer Access in the Second Degree, a
          class C felony;

     (9)  Amend Section 708-893, HRS to create the offense of
          Unauthorized Computer Access in the Third Degree, a
          misdemeanor; and

    (10)  Create a committee consisting of private and public
          sector representatives to study the subject of computer
          crime laws and to report on improving our laws
          regarding computer crimes.

 
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     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 2352, S.D. 2, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 2352, S.D. 2, H.D. 1, and be placed on the
calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair