STAND. COM. REP. NO. 3684

Honolulu, Hawaii

RE: H.B. No. 1869

H.D. 1

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1869, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO UNMANNED AIRCRAFT,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish the felony offenses of misuse of uncrewed aircraft in the first, second, and third degrees; and

(2) Require uncrewed aircraft to be operated by a human operator at all times.

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

Your Committee received comments on this measure from Hawaiian Electric and one individual.

Your Committee finds that new technology, such as drones, may be used to conduct illegal activities including the drug trade, gang activities, smuggling contraband, and to facilitate assaults. Specifically, drones may be used to deliver contraband including weapons in or near jails and prisons with little warning or detection. This measure will ensure that drones are not used to create an increased risk to the safety, security, and well-being of the State's residents.

Your Committee has amended this measure by:

(1) Including the use of an uncrewed aircraft in furtherance of the commission of a felony under misuse of uncrewed aircraft in the third degree instead of misuse of uncrewed aircraft in the first degree;

(2) Deleting language that would have prohibited a person convicted of misuse of uncrewed aircraft in the second or third degree from being eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853, Hawaii Revised Statutes;

(3) Making it effective upon its approval; and

(4) 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 H.B. No. 1869, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1869, H.D. 1, S.D. 2.

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

________________________________

KARL RHOADS, Chair