THE SENATE

S.B. NO.

371

THIRTY-THIRD LEGISLATURE, 2025

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PROPERTY DAMAGE OF CRITICAL INFRASTRUCTURE FACILITIES.

 

 

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

 

     SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended by adding two new sections to part III to be appropriately designated and to read as follows:

     "§708-A  Criminal property damage of a critical infrastructure facility in the first degree.  (1)  A person commits the offense of criminal property damage of a critical infrastructure facility in the first degree if the person intentionally or knowingly damages any critical infrastructure facility without the owner or operator's consent and:

    (a)   Recklessly or negligently causes damage in an amount exceeding $20,000 and recklessly or negligently causes substantial impairment of the critical infrastructure facility; or

    (b)   Knowingly uses a firearm, drone, or explosive weapon in the commission of the offense and recklessly or negligently causes substantial impairment of the critical infrastructure facility.

     (2)  Criminal property damage of a critical infrastructure facility in the first degree is a class A felony. 

     §708-B  Criminal property damage of a critical infrastructure facility in the second degree.  (1)  A person commits the offense of criminal property damage of a critical infrastructure facility in the second degree if the person intentionally or knowingly damages any critical infrastructure facility without the owner or operator's consent, and recklessly or negligently causes substantial impairment to the critical infrastructure facility.

     (2)  Criminal property damage of a critical infrastructure facility in the second degree is a class B felony."

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

     ""Critical infrastructure facility" has the same meaning as "critical infrastructure" defined in section 708-890.

     "Drone" means an unmanned aircraft, watercraft, or ground vehicle or a robotic device that is controlled remotely by a human operator or operates autonomously through computer software or other programming.

     "Explosive weapon" means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror.  "Explosive weapon" includes:

     (1)  An explosive or incendiary bomb, grenade, rocket, and mine;

     (2)  A device designed, made, or adapted for delivering or shooting an explosive weapon; and

     (3)  A device designed, made, or adapted to start a fire in a time-delayed manner.

     "Firearm" has the same meaning as defined in section 134‑1.

     "Substantial impairment" means impairment of a critical infrastructure facility that:

     (1)  Lasts for two hours or more; or

     (2)  Affects one thousand or more retail customers of the affected critical infrastructure facility."

     SECTION 3.  Section 707-702, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of manslaughter if:

     (a)  The person recklessly causes the death of another person; [or]

     (b)  The person intentionally causes another person to commit suicide; or

     (c)  The person commits an offense under section 708‑A or section 708-B and as a result of the conduct, causes the death of another person;

provided that this section shall not apply to actions taken under chapter 327L."

     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.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

 

Report Title:

Offenses Against Property Rights; Criminal Property Damage of Critical Infrastructure Facilities; Felony; Manslaughter

 

Description:

Establishes the offense of criminal property damage to critical infrastructure facilities in the first and second degree.  Adds commitment of the offense of criminal damage of critical infrastructure facilities that causes the death of another person to the offense of manslaughter.  (SD1)

 

 

 

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