HB524 HD1 SSCR1076

STAND. COM. REP. NO.1076

Honolulu, Hawaii

, 2001

RE: H.B. No. 524

H.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred H.B. No. 524, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to strengthen the State's computer crime laws.

The State Attorney General and Department of the Prosecuting Attorney testified in support of this measure. Concerns about the measure were presented by the Office of the Public Defender.

Since the State's computer crime laws were last revised almost ten years ago, computer use has become more widespread and computer technology more advanced. These changes have resulted in an increase in computer misuse and in the methods of computer misuse. This measure addresses the problem of computer abuses by:

(1) Establishing a range of computer-related offenses;

(2) Expanding the scope of prohibited computer-related activity;

(3) Clarifying the offense of extortion to include threats to commit computer damage;

(4) Authorizing the forfeiture of property used to commit computer crimes;

(5) Establishing a five-year statute of limitations for the prosecution of felony computer crimes; and

(6) For purposes of prosecution, providing that a person who accesses a computer in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer in each jurisdiction.

Additionally, this measure establishes a temporary advisory commission on computer crime laws to review and report on the implementation of this measure and its effect on legitimate computer activity.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 524, H.D. 1, and recommends that it pass Second Reading and be referred to the Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection and Housing,

		____________________________ RON MENOR, Chair