STAND. COM. REP. NO. 754

Honolulu, Hawaii

, 2021

RE: H.B. No. 1107

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1107 entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Add aggravated harassment by stalking to the list of offenses upon which the offense of use of a computer in the commission of a separate crime may be based; and

(2) Specify that property used in computer crimes shall be forfeited even when the perpetrator was a person under the age of eighteen who did not have ownership of the property.

Your Committee received testimony in support of this measure from the Honolulu Police Department and LGBT Caucus of the Democratic Party of Hawaii. Your Committee received testimony in opposition to this measure from the Office of the Public Defender. Your Committee received comments on this measure from the Department of Education.

Your Committee finds that bullying, cyberbullying, and harassment are serious issues that hinder student well-being and achievement, especially when the targets are vulnerable youth. Your Committee further finds that the transition to online classroom environments as a result of the COVID-19 pandemic has exacerbated the problems of bullying, cyberbullying, and harassment of vulnerable youth. This measure will provide further incentive to parents and guardians to better ensure that their minor children refrain from using electronic devices to perpetrate bullying, cyberbullying, and harassment.

Your Committee has amended this measure by providing the court with the discretion to require the forfeiture of property used in computer crimes if the perpetrator was a minor, regardless of whether the person owned the property.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1107, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1107, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

MARK M. NAKASHIMA, Chair