STAND. COM. REP. NO. 908

Honolulu, Hawaii

RE: S.B. No. 371

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 371, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY DAMAGE OF CRITICAL INFRASTRUCTURE FACILITIES,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish the offense of criminal property damage to critical infrastructure facilities in the first and second degree; and

(2) Add commitment of the offense of criminal damage of critical infrastructure facilities that causes the death of another person to the offense of manslaughter.

Your Committee received testimony in support of this measure from Charter Communications.

Your Committee received comments on this measure from the Department of the Attorney General.

Your Committee finds that the State is increasingly reliant on electrical grid infrastructure to provide power for essential services like respiratory devices, temperature control, and emergency response. However, this increased reliance makes the State vulnerable to any criminal act that damages infrastructure. This measure will address scenarios where an offender intentionally damages critical infrastructure to prevent actions that endanger critical infrastructure facilities such as water systems, telecommunication networks, emergency services, transportation infrastructure like roads and airports, or financial systems.

Your Committee has amended this measure by:

(1) Specifying that for the offenses of criminal property damage of a critical infrastructure in the first and second degrees, the term "critical infrastructure facility" includes broadband and cable television networks;

(2) Deleting language that would have added commitment of the offense of criminal damage of critical infrastructure facilities that causes the death of another person to the offense of manslaughter; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

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. 371, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 371, S.D. 2.

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

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KARL RHOADS, Chair