Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

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

begs leave to report as follows:

The purpose of this measure is to include "knowingly" as a state of mind option for the crimes of criminal property damage in the first or second degree.

Your Committee received testimony in support of this measure from the Honolulu Police Department. The Office of the Public Defender opposed the bill.

Your Committee finds that there have been cases where the defendant knows damage to another's property will occur as a result of the defendant's actions, but property damage is not the motivating factor behind the defendant's actions. In these cases, the defendant is acquitted of the charge of criminal property damage because the defendant lacked the necessary intent to commit the crime. Your Committee believes that in such cases, defendants should be held accountable for their actions and finds that including the word "knowingly" as a state of mind option will accomplish this goal.

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. 368 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.