STAND. COM. REP. NO. 1459-24

Honolulu, Hawaii

, 2024

RE: S.B. No. 2193

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 2193, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to amend the offense of use of a computer in the commission of a separate crime to include violation of privacy in the first and second degrees.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu; Honolulu Police Department; and three individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

Your Committee finds that the use of a computer to commit a separate crime, such as hacking into someone's personal or financial information, has become increasing prevalent in this digital age. Violation of privacy in the first and second degree can have devastating consequences for individuals. Your Committee believes that clarifying and strengthening penalties for using a computer to violate privacy will uphold and protect individuals' privacy rights and ensure equitable administration of justice.

Your Committee has amended this measure by:

(1) Including a sunset date of July 1, 2027;

(2) Changing the effective date to July 1, 3000, to encourage further discussion; and

(3) Making a technical, nonsubstantive amendment for the purpose of clarity, consistency, and style.

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 S.B. No. 2193, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2193, S.D. 1, 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,

____________________________

DAVID A. TARNAS, Chair