HOUSE OF REPRESENTATIVES |
H.B. NO. |
686 |
THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 2 |
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STATE OF HAWAII |
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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 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. However, existing criminal 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 critical electrical utilities by amending the offense of burglary in the second degree to include intentionally entering or remaining unlawfully on a critical electrical infrastructure.
SECTION 2. Section 708-811, Hawaii Revised Statutes, is amended to read as follows:
"§708-811 Burglary in the second
degree. (1) A person commits the offense of burglary in
the second degree if the person intentionally enters or remains unlawfully [in]:
(a) In a
building with intent to commit therein a crime against a person or against
property rights[.]; or
(b) On a critical electrical
infrastructure, which is fenced or enclosed in a manner designed to exclude intruders
with posted warning signs stating "Private Property – Critical Electrical Infrastructure
(HRS §708-800)
– No Trespassing" and the person recklessly disregards a substantial and unjustifiable
risk that the property is a critical electrical infrastructure, with intent to commit
therein a crime against a person or against property rights. The sign or signs, containing letters no less
than two inches in height, shall be placed at reasonable intervals no less than
three signs to a mile along the boundary line of the land and at roads and
trails entering the land in a manner and position as to be clearly noticeable
from outside the boundary line.
(2) "Critical electrical infrastructure"
means areas integral to the operation or function of:
(1) A power plant;
(2) An electric transmission
facility;
(3) An electric station
or substation; or
(4) Any other facility
used to support the generation, transmission, or distribution of electricity.
"Critical electrical infrastructure" does
not include support offices, land used for the transmission of electricity, or right-of-way
that is not completely enclosed and maintained by the electric utility.
[(2)] (3) Burglary in the second degree is a class C
felony."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Critical Electrical Infrastructure; Burglary Offense
Description:
Amends the offense of burglary in the second degree to include intentionally entering or remaining unlawfully on a critical electrical infrastructure. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.