Bill Text: HI SB2515 | 2020 | Regular Session | Introduced
Bill Title: Relating To The Penal Code.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2020-03-09 - Referred to EEP, JUD, referral sheet 36 [SB2515 Detail]
Download: Hawaii-2020-SB2515-Introduced.html
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THE SENATE |
S.B. NO. |
2515 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the penal code.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the security and resilience of Hawaii's critical electrical infrastructure is fundamental to the health and welfare of not only its residents, visitors, and employees, but to the national defense of the country. The legislature acknowledges that modern society functions because of safe, affordable, and reliable electrical power. However, existing trespassing laws do not provide a proportionate level of protection for such a key resource.
The purpose of this Act is to protect the public and critical electrical utilities by establishing the offense of trespassing on critical electrical infrastructure.
SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§708- Criminal
trespass on critical electrical infrastructure. (1) A person commits the offense of criminal trespass
on critical electrical infrastructure when:
(a) The person intentionally
enters or remains unlawfully on property of a critical electrical infrastructure
with intent to commit therein a crime against a person or against property rights,
and the property is fenced or enclosed in a manner designed to exclude intruders
with posted warning signs; or
(b) The person recklessly
disregards a risk that the property belongs to a critical electrical infrastructure
company.
(2) An act occurs in the course of committing the offense
if it occurs in effecting entry or while on the property or in immediate flight
therefrom.
(3) Trespassing on a critical electrical infrastructure is a class C felony."
SECTION 3. Section 708-800, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Critical electrical infrastructure"
means:
(1) A power plant;
(2) A power generation
facility used specifically during times of high demand;
(3) An electric transmission
facility;
(4) An electric station
or substation; or
(5) Any other facility
used to support the generation, transmission, or distribution of electricity.
"Critical electric infrastructure" does not include electric transmission land or right-of-way that is not completely enclosed and maintained by the electric utility."
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. 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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Report Title:
Penal Code; Property Rights; Critical Electrical Infrastructure
Description:
Establishes the criminal offense of trespassing on critical electrical infrastructure.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
