STAND. COM. REP. NO. 1242

Honolulu, Hawaii

RE:    H.B. No. 615

       H.D. 1

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 615, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HARASSMENT,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Amend the offense of harassment to include the repeated making of any form of electronic communication as defined by existing law; and

     (2)  Clarify the definition of "nonconsensual contact" under the offense of harassment by stalking to include contact by means of any form of electronic communication as defined by existing law.

     The intent of your Committee is to prevent individuals from being harassed by those using innovative forms of technology by extending the chapter 711, Hawaii Revised Statutes, harassment offenses to include any form of digital communication, including the ability to make a nonconsensual contact through any form of electronic communication in the offense of harassment by stalking.

     Your Committee finds that harassing or insulting electronic communications are a form of harassment that can be just as severe or punishing as other verbal communications or offensive contacts.  Your Committee also finds that including contact by electronic communication in the criminal offense of harassment by stalking will provide a means for those victims that are targeted to seek justice.

     Your Committee has amended this measure by changing the effective date to July 1, 2050, to continue the discussions on this matter.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 615, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 615, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair