STAND. COM. REP. NO. 2693

Honolulu, Hawaii

RE:    S.B. No. 2094

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, 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 and intent of this measure is to:

     (1)  Redefine the offense of computer damage in the first degree as intentionally causing or attempting to cause damage to a critical infrastructure computer;

     (2)  Increase the grade of the offense of computer damage in the first degree to a class A felony;

     (3)  Redefine 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 damage; or intentionally accessing a computer, computer system, or computer network without authorization, and thereby knowingly causing damage;

     (4)  Increase the grade of the offense of computer damage in the second degree to a class B felony;

     (5)  Create a new offense of computer damage in the third degree as knowingly accessing a computer, computer system, or computer network without authorization and recklessly causing damage;

     (6)  Establish the offense of computer damage in the third degree as a class C felony; and

     (7)  Define "critical infrastructure computer".

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney, City and County of Honolulu; Department of the Prosecuting Attorney, County of Maui; and Office of the Prosecuting Attorney, County of Kauai.

     Your Committee finds that existing computer damage offenses only apply when a perpetrator uses one computer to damage another computer, such as by hacking or transmitting a computer virus.  However, greater protections are needed for critical infrastructure computers, as damage to these computers jeopardize public health, safety, and security, regardless of how the damage occurs.  This measure provides a deterrent against intentionally damaging critical infrastructure computers.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2094, S.D. 1, and recommends that it pass Third Reading.

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

____________________________

CLAYTON HEE, Chair