STAND. COM. REP. NO. 736

Honolulu, Hawaii

, 2021

RE: H.B. No. 181

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. 181, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE DEFINITION OF PROPERTY,"

begs leave to report as follows:

The purpose of this measure is to include in the definition of "property", as it relates to offenses against property rights under the Hawaii Penal Code, property stored in an electronic medium and is retrievable in a perceivable form.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and Honolulu Police Department.

Your Committee finds that the definition of "property" in the Hawaii Penal Code has not been amended since enactment of the Hawaii Penal Code in 1972. This definition does not properly account for intangible property stored in an electronic format, such as property stored on a computer. Your Committee finds that this measure is necessary to adequately address theft of property stored in an electronic format.

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. 181, H.D. 1, and recommends that it pass Third Reading.

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

____________________________

MARK M. NAKASHIMA, Chair