Bill Text: HI SB2094 | 2014 | Regular Session | Introduced
Bill Title: Honolulu Prosecutor's Package; Computer Damage
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-08 - Act 213, 7/7/2014 (Gov. Msg. No. 1323). [SB2094 Detail]
Download: Hawaii-2014-SB2094-Introduced.html
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THE SENATE |
S.B. NO. |
2094 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to computer damage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§708- Computer damage in the third degree. (1) A person commits the offense of computer damage in the third degree if the person knowingly accesses a computer, computer system, or computer network without authorization and thereby recklessly causes damage.
(2) Computer damage in the third degree is a class C felony."
SECTION 2. Section 708-890, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Critical infrastructure computer" means a computer, computer network, or computer system that manages or controls systems or assets vital to national defense, national security, national economic security, public health or safety, or any combination of these matters, whether publicly or privately owned or operated, including gas and oil production, storage, and delivery systems; water supply systems; telecommunications networks; electrical power delivery systems; finance and banking systems; emergency services; transportation systems and services; and government operations that provide essential services to the public."
SECTION 3. Section 708-892, Hawaii Revised Statutes, is amended to read as follows:
"[[]§708-892[]] Computer
damage in the first degree. (1) [A person commits the offense of
computer damage in the first degree if:
(a) The person knowingly causes the
transmission of a program, information, code, or command, and thereby knowingly
causes unauthorized damage to a computer, computer system, or computer network;
or
(b) The person intentionally accesses a
computer, computer system, or computer network without authorization and
thereby knowingly causes damage.] A person commits the offense of computer
damage in the first degree if the person intentionally causes or attempts to
cause damage to a critical infrastructure computer and the damage results in,
or in the case of an attempted offense, would, if completed, have resulted in,
the substantial impairment of:
(a) The operation of the critical infrastructure computer; or
(b) The critical infrastructure associated with the computer.
[(2) As used in this section, the
"damage" must:
(a) Result in a loss aggregating at least
$5,000 in value, including the costs associated with diagnosis, repair,
replacement, or remediation, during any one-year period to one or more
individuals;
(b) Result in the modification or
impairment, or potential modification or impairment, of the medical
examination, diagnosis, treatment, or care of one or more individuals;
(c) Result in physical injury to any
person;
(d) Threaten public health or safety; or
(e) Impair the administration of justice.
(3)] (2) Computer damage in the
first degree is a class [B] A felony."
SECTION 4. Section 708-892.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§708-892.5[]]
Computer damage in the second degree. (1) [A person commits the
offense of computer damage in the second degree if the person knowingly
accesses a computer, computer system, or computer network without authorization
and thereby recklessly causes damage.] A person commits the offense of
computer damage in the second degree if:
(a) The person knowingly causes the transmission of a program, information, code, or command, and thereby knowingly causes unauthorized damage to a computer, computer system, or computer network; or
(b) The person intentionally accesses a computer, computer system, or computer network without authorization and thereby knowingly causes damage.
(2) [Computer damage in the second degree
is a class C felony.] As used in this section, "damage" means:
(a) A loss aggregating at least $5,000 in value, including the costs associated with diagnosis, repair, replacement, or remediation, during any one-year period to one or more individuals;
(b) The modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals; or
(c) Impairment or disruption of government operations.
(3) Computer damage in the second degree is a class B felony."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Honolulu Prosecutor's Package; Computer Damage
Description:
Redefines the offense of computer damage in the first degree as intentionally causing or attempting to cause damage to a critical infrastructure computer and increases it to a class A felony; defines "critical infrastructure computer". Redefines the offense of computer damage in the second degree. Creates a new offense of computer damage in the third degree.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
