STAND. COM. REP. NO. 3101

Honolulu, Hawaii

RE: H.B. No. 389

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 389, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO UNCREWED AIRCRAFT OFFENSES,"

begs leave to report as follows:

The purpose and intent of this measure is to clarify the applicable felony offenses for using an uncrewed aircraft in the furtherance of the commission of a felony.

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

Your Committee finds that criminal drone use is an emerging threat in the United States. Under existing law, it is a class C felony to use a drone to commit a felony. However, under the State v. Modica rule, when two crimes have exactly the same elements, but different sentences, the more lenient penalty applies, creating a loophole. For example, it is a class B felony to commit second-degree assault with the use of a drone. Because second-degree assault is a felony and using a drone to commit a felony is a class C offense, the lesser penalty would control. This measure will close this loophole to assist the prosecution of felonies committed with a drone.

Your Committee has amended this measure by inserting language to specify that a conviction and sentence for felony offenses for using an uncrewed aircraft in the furtherance of the commission of a felony shall be in addition to and not in lieu of any conviction and sentence for a separate felony; provided that the sentence imposed may run concurrently or consecutively with the separate felony.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 389, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 389, H.D. 1, S.D. 1, and be referred to your Committee on Judiciary.

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

________________________________

LORRAINE R. INOUYE, Chair