STAND. COM. REP. NO. 2742

Honolulu, Hawaii

RE: S.B. No. 2193

S.D. 1

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 S.B. No. 2193 entitled:

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

begs leave to report as follows:

The purpose and intent 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 degree.

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

Your Committee finds that the offenses of violation of privacy in the first and second degree are serious charges. However, your Committee believes that conduct that would normally fall under the offenses of violation of privacy in the first and second degree should rise to an entirely different offense if a computer is used, for example to distribute images that were taken while committing a violation of privacy offense. This measure will provide an additional tool for prosecutors to make these types of distinctions when charging future offenses.

Your Committee has amended this measure by:

(1) Inserting a savings clause; and

(2) 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. 2193, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2193, S.D. 1, and be placed on the calendar for Third Reading.

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

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KARL RHOADS, Chair