Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 368 entitled:

begs leave to report as follows:

The purpose of the bill is to incorporate "knowingly" as a state of mind alternative for the offenses of criminal property damage in the first or second degree.

The City and County of Honolulu Police Department testified in support of the bill. The Office of the Public Defender offered comments.

Your Committee finds there are several cases where the defendant is aware that property damage will occur as a result of their action but intentional property damage is not the motivating factor for the action. Your Committee believes that in these cases, defendants should be held responsible for their actions.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 368 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.