HOUSE OF REPRESENTATIVES	H.B. NO.	2454
THIRTIETH LEGISLATURE, 2020		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CRITICAL ELECTRICAL INFRASTRUCTURE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the security and resilience of Hawaii's critical electrical infrastructure are fundamental to the health, safety, and welfare of the State's residents, visitors, and employees and to the national defense of the country. The legislature acknowledges that modern society functions because of safe, affordable, and reliable electrical power. The legislature further finds that existing trespass laws do not provide a proportionate level of protection for such a key resource.

The purpose of this Act is to protect the public and electric utility employees, ensure reliable electrical service in the State, and decrease damage to critical electrical infrastructure caused by trespassing by establishing the offense of criminal trespass on critical electrical infrastructure.

SECTION 2. Section 708‑800, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Critical electrical infrastructure" means any facility used to support the generation, transmission, or distribution of electricity, including but not limited to power plants, power generation facility peakers, electric transmission facilities, or electric stations or substations. "Critical electric infrastructure" does not include electric transmission land or rights-of-way that are not completely enclosed and maintained by an electric utility."

SECTION 3. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§708‑    Criminal trespass on critical electrical infrastructure. (1) A person commits the offense of criminal trespass on critical electrical infrastructure when:

(a) The person intentionally enters or remains unlawfully on property of a critical electrical infrastructure with intent to commit therein a crime against a person or against property rights, and the property is fenced or enclosed in a manner designed to exclude intruders with posted warning signs; or

(b) The person intentionally, knowingly, or recklessly enters or remains unlawfully on property that belongs to a critical electrical infrastructure company.

(2) Criminal trespass on critical electrical infrastructure is a class C felony.

(3) Entering or remaining unlawfully on the premises of a critical electrical infrastructure shall constitute prima facie evidence of a person's intention to commit thereupon a crime against a person or property rights."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2050.

Report Title:

Trespassing; Critical Electrical Infrastructure; Criminal Trespass

Description:

Establishes the offense of criminal trespass on critical electrical infrastructure. Takes effect on 7/1/2050. (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.