STAND. COM. REP. NO.  1100-14

Honolulu, Hawaii

                , 2014

RE:   S.B. No. 2094

      S.D. 1

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2094, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

     (1)  Redefine and increase to a class A felony the offense of Computer Damage in the First Degree as intentionally causing or attempting to cause damage to a critical infrastructure computer, and define that term;

     (2)  Redefine and increase to a class B felony the offense of Computer Damage in the Second Degree as knowingly causing the transmission of a program, information, code, or command, and thereby knowingly causing unauthorized damage to a computer, computer system, or computer network, or intentionally accessing a computer, computer system, or computer network without authorization, and thereby knowingly causing damage; and

     (3)  Create and establish as a class C felony the offense of Computer Damage in the Third Degree as knowingly accessing a computer, computer system, or computer network without authorization and recklessly causing damage.

The Department of the Prosecuting Attorney of the City and County of Honolulu, Office of the Prosecuting Attorney of the County of Hawaii, Office of the Prosecuting Attorney of the County of Kauai, and Department of the Prosecuting Attorney of the County of Maui testified in support of this measure.   

     Your Committee has amended this measure by:

     (1)  Deleting the definition of "critical infrastructure computer" and incorporating the systems and assets described therein into a new definition of "critical infrastructure" that also clarifies the "emergency services" and "transportation systems and services" systems and assets;

     (2)  Specifying that the offense of Computer Damage in the First Degree applies to damage to state and federal critical infrastructure;

     (3)  Amending the offense of Computer Damage in the First Degree to prohibit intentionally causing or attempting to cause damage to a computer, computer system, or computer network that manages or controls any critical infrastructure; and

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     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. 2094, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2094, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

KARL RHOADS, Chair