STAND. COM. REP. NO. 2941

Honolulu, Hawaii

RE:    H.B. No. 2295

       H.D. 1

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Economic Development and Technology, to which was referred H.B. No. 2295, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CYBERBULLYING,"

begs leave to report as follows:

     The purpose and intent of this measure is to address the increase in cyberbullying by:

     (1)  Establishing the offense of harassment by cyberbullying as a petty misdemeanor;

     (2)  Adding a definition for "digital nuisance" to mean electronic communication that causes mental or physical harm and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive environment; and

     (3)  Amending the offense of use of a computer in the commission of a separate crime to include harassment by cyberbullying.

     Your Committee received testimony in support of this measure from the Hawaii Youth Services Network and four individuals.  Your Committee received comments on this measure from the Department of the Attorney General; Department of the Prosecuting Attorney, City and County of Honolulu; and American Civil Liberties Union of Hawaii.

     Your Committee finds that, while well intended, much of the new language in this measure is very similar to that contained in section 711-1106.5, Hawaii Revised Statutes, harassment by stalking, which is a full misdemeanor offense; and section 711‑1106, Hawaii Revised Statutes, harassment, which is a petty misdemeanor offense.  Your Committee concurs that the conduct intended to be prohibited by this new offense is already covered to a large extent under existing law, and has considered other means to deter cyberbullying.

     Your Committee has amended this measure accordingly, by:

     (1)  Deleting section 1, which would have established an offense of harassment by cyberbullying, and section 2, which would have added a definition of "digital nuisance" to existing law;

     (2)  Clarifying that the offense of use of a computer in the commission of a separate crime also includes knowingly using a computer to harass, annoy, or alarm a victim or intended victim;

     (3)  Establishing that knowingly using a computer to perform certain acts against a victim or intended victim of harassment under section 711-1106, Hawaii Revised Statutes, or harassment by stalking under section 711-1106.5, Hawaii Revised Statutes, constitutes the offense of use of a computer in the commission of a separate crime; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Economic Development and Technology that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2295, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2295, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Economic Development and Technology,

____________________________

CAROL FUKUNAGA, Chair