SB 371: Offenses Against Property Rights; Criminal Property Damage of Critical Infrastructure Facilities; Felony

A BILL FOR AN ACT

RELATING TO PROPERTY DAMAGE OF CRITICAL INFRASTRUCTURE FACILITIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended by adding two new sections to part III to be appropriately designated and to read as follows:

     "§708-A  Criminal property damage of a critical infrastructure facility in the first degree.  (1)  A person commits the offense of criminal property damage of a critical infrastructure facility in the first degree if the person intentionally or knowingly damages any critical infrastructure facility without the owner or operator's consent and:

     (a)  Causes damage in an amount exceeding $20,000 and causes substantial impairment of the critical infrastructure facility; or

     (b)  Uses a firearm, drone, or explosive weapon in the commission of the offense and causes substantial impairment of the critical infrastructure facility.

     (2)  Criminal property damage of a critical infrastructure facility in the first degree is a class A felony.

     §708-B  Criminal property damage of a critical infrastructure facility in the second degree.  (1)  A person commits the offense of criminal property damage of a critical infrastructure facility in the second degree if the person intentionally or knowingly damages any critical infrastructure facility without the owner or operator's consent, and causes substantial impairment to the critical infrastructure facility.

     (2)  Criminal property damage of a critical infrastructure facility in the second degree is a class B felony."

     SECTION 2.  Section 708-800, Hawaii Revised Statutes, is amended by adding five new definitions to be appropriately inserted and to read as follows:

     ""Critical infrastructure facility" has the same meaning as "critical infrastructure" defined in section 708-890; provided that for sections 708-A and 708-B "critical infrastructure facility" shall include broadband and cable television networks.

     "Drone" means an unmanned aircraft, watercraft, or ground vehicle or a robotic device that is controlled remotely by a human operator or operates autonomously through computer software or other programming.

     "Explosive weapon" means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror.  "Explosive weapon" includes:

     (1)  An explosive or incendiary bomb, grenade, rocket, and mine;

     (2)  A device designed, made, or adapted for delivering or shooting an explosive weapon; and

     (3)  A device designed, made, or adapted to start a fire in a time-delayed manner.

     "Firearm" has the same meaning as defined in section 134‑1.

     "Substantial impairment" means impairment of a critical infrastructure facility that:

     (1)  Lasts for two hours or more; or

     (2)  Affects one thousand or more retail customers of the affected critical infrastructure facility."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Offenses Against Property Rights; Criminal Property Damage of Critical Infrastructure Facilities; Felony

Description:

Establishes the offense of criminal property damage to critical infrastructure facilities in the first and second degree.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PROPERTY DAMAGE OF CRITICAL INFRASTRUCTURE FACILITIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended by adding two new sections to part III to be appropriately designated and to read as follows:

     "§708-A  Criminal property damage of a critical infrastructure facility in the first degree.  (1)  A person commits the offense of criminal property damage of a critical infrastructure facility in the first degree if the person intentionally or knowingly damages any critical infrastructure facility without the owner or operator's consent and:

    (a)   Recklessly or negligently causes damage in an amount exceeding $20,000 and recklessly or negligently causes substantial impairment of the critical infrastructure facility; or

    (b)   Knowingly uses a firearm, drone, or explosive weapon in the commission of the offense and recklessly or negligently causes substantial impairment of the critical infrastructure facility.

     (2)  Criminal property damage of a critical infrastructure facility in the first degree is a class A felony. 

     §708-B  Criminal property damage of a critical infrastructure facility in the second degree.  (1)  A person commits the offense of criminal property damage of a critical infrastructure facility in the second degree if the person intentionally or knowingly damages any critical infrastructure facility without the owner or operator's consent, and recklessly or negligently causes substantial impairment to the critical infrastructure facility.

     (2)  Criminal property damage of a critical infrastructure facility in the second degree is a class B felony."

     SECTION 2.  Section 708-800, Hawaii Revised Statutes, is amended by adding five new definitions to be appropriately inserted and to read as follows:

     ""Critical infrastructure facility" has the same meaning as "critical infrastructure" defined in section 708-890; provided that for sections 708-A and 708-B "critical infrastructure facility" shall include broadband and cable television networks.

     "Drone" means an unmanned aircraft, watercraft, or ground vehicle or a robotic device that is controlled remotely by a human operator or operates autonomously through computer software or other programming.

     "Explosive weapon" means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror.  "Explosive weapon" includes:

     (1)  An explosive or incendiary bomb, grenade, rocket, and mine;

     (2)  A device designed, made, or adapted for delivering or shooting an explosive weapon; and

     (3)  A device designed, made, or adapted to start a fire in a time-delayed manner.

     "Firearm" has the same meaning as defined in section 134‑1.

     "Substantial impairment" means impairment of a critical infrastructure facility that:

     (1)  Lasts for two hours or more; or

     (2)  Affects one thousand or more retail customers of the affected critical infrastructure facility."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Offenses Against Property Rights; Criminal Property Damage of Critical Infrastructure Facilities; Felony

Description:

Establishes the offense of criminal property damage to critical infrastructure facilities in the first and second degree.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PROPERTY DAMAGE OF CRITICAL INFRASTRUCTURE FACILITIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended by adding two new sections to part III to be appropriately designated and to read as follows:

     "§708-A  Criminal property damage of a critical infrastructure facility in the first degree.  (1)  A person commits the offense of criminal property damage of a critical infrastructure facility in the first degree if the person intentionally or knowingly damages any critical infrastructure facility without the owner or operator's consent and:

    (a)   Recklessly or negligently causes damage in an amount exceeding $20,000 and recklessly or negligently causes substantial impairment of the critical infrastructure facility; or

    (b)   Knowingly uses a firearm, drone, or explosive weapon in the commission of the offense and recklessly or negligently causes substantial impairment of the critical infrastructure facility.

     (2)  Criminal property damage of a critical infrastructure facility in the first degree is a class A felony. 

     §708-B  Criminal property damage of a critical infrastructure facility in the second degree.  (1)  A person commits the offense of criminal property damage of a critical infrastructure facility in the second degree if the person intentionally or knowingly damages any critical infrastructure facility without the owner or operator's consent, and recklessly or negligently causes substantial impairment to the critical infrastructure facility.

     (2)  Criminal property damage of a critical infrastructure facility in the second degree is a class B felony."

     SECTION 2.  Section 708-800, Hawaii Revised Statutes, is amended by adding five new definitions to be appropriately inserted and to read as follows:

     ""Critical infrastructure facility" has the same meaning as "critical infrastructure" defined in section 708-890.

     "Drone" means an unmanned aircraft, watercraft, or ground vehicle or a robotic device that is controlled remotely by a human operator or operates autonomously through computer software or other programming.

     "Explosive weapon" means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror.  "Explosive weapon" includes:

     (1)  An explosive or incendiary bomb, grenade, rocket, and mine;

     (2)  A device designed, made, or adapted for delivering or shooting an explosive weapon; and

     (3)  A device designed, made, or adapted to start a fire in a time-delayed manner.

     "Firearm" has the same meaning as defined in section 134‑1.

     "Substantial impairment" means impairment of a critical infrastructure facility that:

     (1)  Lasts for two hours or more; or

     (2)  Affects one thousand or more retail customers of the affected critical infrastructure facility."

     SECTION 3.  Section 707-702, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of manslaughter if:

     (a)  The person recklessly causes the death of another person; [or]

     (b)  The person intentionally causes another person to commit suicide; or

     (c)  The person commits an offense under section 708‑A or section 708-B and as a result of the conduct, causes the death of another person;

provided that this section shall not apply to actions taken under chapter 327L."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Offenses Against Property Rights; Criminal Property Damage of Critical Infrastructure Facilities; Felony; Manslaughter

Description:

Establishes the offense of criminal property damage to critical infrastructure facilities in the first and second degree.  Adds commitment of the offense of criminal damage of critical infrastructure facilities that causes the death of another person to the offense of manslaughter.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to PROPERTY DAMAGE OF CRITICAL infrastructure facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended by adding two new sections to part III to be appropriately designated and to read as follows:

     "§708-A  Criminal property damage of a critical infrastructure facility in the first degree.  (1)  A person commits the offense of criminal property damage of a critical infrastructure facility in the first degree if, without the effective consent of the owner or operator of the critical infrastructure facility, the person:

    (a)   Intentionally or knowingly damages, destroys, vandalizes, or impairs the function of a critical infrastructure facility, in an amount exceeding $100,000, and as a result of the conduct, causes an extended power outage; or

    (b)   Intentionally or knowingly damages, destroys, vandalizes, or impairs the function of a critical infrastructure facility using a firearm, drone, cyber attack, or explosive weapon in the commission of the offense, and as a result of the conduct, causes an extended power outage.

     (2)  Criminal property damage of a critical infrastructure facility in the first degree is a class A felony. 

     §708-B  Criminal property damage of a critical infrastructure facility in the second degree.  (1)  A person commits the offense of criminal property damage of a critical infrastructure facility in the second degree if, without the effective consent of the owner or operator of the critical infrastructure facility, the person intentionally or knowingly damages, destroys, vandalizes, or impairs the function of a critical infrastructure facility, resulting in an extended power outage.

     (2)  Criminal property damage of a critical infrastructure facility in the second degree is a class B felony."

     SECTION 2.  Section 708-800, Hawaii Revised Statutes, is amended by adding six new definitions to be appropriately inserted and to read as follows:

     ""Critical infrastructure facility" means an electrical power-generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility.

     "Cyber attack" means an attempt to damage, disrupt, or gain unauthorized access to a computer, computer network, or computer system.

     "Drone" means an unmanned aircraft, watercraft, or ground vehicle or a robotic device that is controlled remotely by a human operator or operates autonomously through computer software or other programming.

     "Explosive weapon" means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror.  "Explosive weapon" includes:

     (1)  An explosive or incendiary bomb, grenade, rocket, and mine;

     (2)  A device designed, made, or adapted for delivering or shooting an explosive weapon; and

     (3)  A device designed, made, or adapted to start a fire in a time-delayed manner.

     "Extended power outage" means a power outage that:

     (1)  Lasts for two hours or more; or

     (2)  Affects one thousand or more meters used to measure electric energy consumption by retail customers.

     "Firearm" has the same meaning as defined in section 134‑1."

     SECTION 3.  Section 707-702, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of manslaughter if:

     (a)  The person recklessly causes the death of another person; [or]

     (b)  The person intentionally causes another person to commit suicide; or

     (c)  The person commits an offense under section 708‑A or section 708-B and as a result of the conduct, causes the death of another person;

provided that this section shall not apply to actions taken under chapter 327L."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Offenses Against Property Rights; Criminal Property Damage of Critical Infrastructure Facilities; Felony; Manslaughter

Description:

Establishes the offense of criminal property damage to critical infrastructure facilities in the first and second degree.  Adds commitment of the offense of criminal damage of critical infrastructure facilities that causes the death of another person to the offense of manslaughter.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1430

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 371

      S.D. 2

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Public Safety, to which was referred S.B. No. 371, S.D. 2, entitled:

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

begs leave to report as follows:

     The purpose of this measure is to establish the offense of criminal property damage to critical infrastructure facilities in the first and second degree.

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the County of Maui; Charter Communications; Hawaiian Electric; CTIA; and one individual.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender.  Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that modern life increasingly relies on the electrical grid to provide power for essential services, such as respiratory devices, temperature control, and emergency response, as well as other public and private systems, such as gas, water, and telecommunications networks.  This heightened reliance makes the State very vulnerable to any criminal act that damages this infrastructure.  Although existing laws may address particular actions or impose specific penalties, as a whole, they do not deal with a scenario in which a bad actor intentionally or knowingly damages critical infrastructure.

     Your Committee has amended this measure by:

     (1)  Removing "reckless" and "negligent" as mental states in the proposed offense of criminal property damage to critical infrastructure facilities in the first and second degree; and

     (2)  Changing its effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 371, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 371, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Public Safety,

STAND. COM. REP. NO. 908

Honolulu, Hawaii

RE:    S.B. No. 371

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 371, 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 in the first and second degree; and

     (2)  Add commitment of the offense of criminal damage of critical infrastructure facilities that causes the death of another person to the offense of manslaughter.

     Your Committee received testimony in support of this measure from Charter Communications.

     Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that the State is increasingly reliant on electrical grid infrastructure to provide power for essential services like respiratory devices, temperature control, and emergency response.  However, this increased reliance makes the State vulnerable to any criminal act that damages infrastructure.  This measure will address scenarios where an offender intentionally damages critical infrastructure to prevent actions that endanger critical infrastructure facilities such as water systems, telecommunication networks, emergency services, transportation infrastructure like roads and airports, or financial systems.

     Your Committee has amended this measure by:

     (1)  Specifying that for the offenses of criminal property damage of a critical infrastructure in the first and second degrees, the term "critical infrastructure facility" includes broadband and cable television networks;

     (2)  Deleting language that would have added commitment of the offense of criminal damage of critical infrastructure facilities that causes the death of another person to the offense of manslaughter; and

     (3)  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. 371, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 371, S.D. 2.

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

STAND. COM. REP. NO. 48

Honolulu, Hawaii

RE:    S.B. No. 371

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Energy and Intergovernmental Affairs and Public Safety and Military Affairs, to which was referred S.B. No. 371 entitled:

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

beg 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 in the first and second degree; and

     (2)  Add the commitment of the offense of criminal damage of critical infrastructure facilities that causes the death of another person to the offense of manslaughter.

     Your Committees received testimony in support of this measure from the Department of the Prosecuting Attorney of Maui County, Hawaiian Electric, and one individual.

     Your Committees received comments on this measure from the Department of the Attorney General.

     Your Committees find that the increasing reliance on the electrical grid to provide power for essential services, such as respiratory devices, temperature control, and emergency response, makes the State more vulnerable to any criminal act that damages electrical infrastructure facilities.  Your Committees recognize that existing law regarding the offenses against property rights does not completely address offenders who intentionally damage electrical infrastructure facilities where the damage results in a widespread impact on the community.  This measure will therefore bolster protection of critical infrastructure and deter malicious actors.

     According to testimony received by your Committees, lowering the state of mind to reckless or negligent regarding the extent of damage to a critical infrastructure facility will make it less likely for offenders to avoid prosecution by asserting that they did not foresee the full impact of their actions.  These amendments would also make the offense more consistent with other offenses under chapter 708, Hawaii Revised Statutes.  Your Committees further recognize that there are additional critical infrastructure systems besides electrical power delivery systems, such as water supply systems, that are critical to public health, safety, security, and the overall functioning of society, that are not covered under the heightened protections of this measure, in its current form.  Amendments to this measure are therefore necessary to address these concerns.

     Accordingly, your Committees have amended this measure by:

     (1)  Clarifying that a person commits the offense of criminal property damage of a critical infrastructure facility in the first degree if the person intentionally or knowingly damages any critical infrastructure facility without the owner or operator's consent and:

          (A)  Recklessly or negligently causes damage in an amount exceeding $20,000 and recklessly or negligently causes substantial impairment of the critical infrastructure facility; or

          (B)  Knowingly uses a firearm, drone, or explosive weapon in the commission of the offense and recklessly or negligently causes substantial impairment of the critical infrastructure facility;

     (2)  Clarifying that a person commits the offense of criminal property damage of a critical infrastructure facility in the second degree if the person intentionally or knowingly damages any critical infrastructure facility without the owner or operator's consent, and recklessly or negligently causes substantial impairment to the critical infrastructure facility;

     (3)  Amending the definition of "critical infrastructure facility" to mean "critical infrastructure" as defined in section 708-890, Hawaii Revised Statutes, which includes gas and oil production, storage, and delivery systems; water supply systems; telecommunications networks; finance and banking systems; emergency services; transportation systems and services; and government operations that provide essential services to the public;

     (4)  Deleting the definition of "cyber attack";

     (5)  Deleting the definition of "extended power outage" and inserting a definition for "substantial impairment" to mean impairment of a critical infrastructure facility that lasts for two hours or more, or affects one thousand or more retail customers of the affected critical infrastructure facility; and

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Energy and Intergovernmental Affairs and Public Safety and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 371, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 371, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Energy and Intergovernmental Affairs and Public Safety and Military Affairs,