STAND. COM. REP. NO. 3058

Honolulu, Hawaii

RE: S.B. No. 2377

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2377, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY DAMAGE OF CRITICAL INFRASTRUCTURE FACILITIES,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish the offense of criminal property damage to critical infrastructure facilities as a class C felony; and

(2) Expand the term "critical infrastructure" to include broadband and cable networks.

Your Committee received testimony in support of this measure from the Office of the Prosecuting Attorney of the County of Hawaii, Department of the Prosecuting Attorney of the County of Maui, Maui Police Department, Kauaʻi Police Department, Honolulu Fire Department, Honolulu Police Department, Charter Communications, and Hawaiian Telcom.

Your Committee received comments on this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu.

Your Committee finds that critical infrastructure, including utilities, energy systems, transportation, and broadband communications, forms the backbone of daily life in the State. The impact of disruptions of these networks can be immediate and far-reaching and may result in hospitals losing power, failure of emergency communications, business closures, and loss of essential services for families. This measure represents a reasonable and necessary step to safeguard the well-being of local communities and bolster the resilience of the State.

Your Committee notes that this measure, as written, employs the definition of "critical infrastructure" as used in section 708-890, Hawaii Revised Statutes (HRS), but leaves the term "damage" undefined. Your Committee believes that an express cross-reference to the definition of "damage" in section 708-890, HRS, would be beneficial to avoid any ambiguity, and therefore amendments to this measure are necessary.

Accordingly, your Committee has amended this measure by specifying that "damage" means any impairment to the integrity or availability of data, a program, a system, a network, or computer services.

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. 2377, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2377, S.D. 2.

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

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KARL RHOADS, Chair