Bill Text: HI SB620 | 2019 | Regular Session | Introduced
Bill Title: Relating To Violation Of Privacy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-06 - The committee on TRS deferred the measure. [SB620 Detail]
Download: Hawaii-2019-SB620-Introduced.html
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THE SENATE |
S.B. NO. |
620 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to violation of privacy.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii's existing penal code does not adequately address situations in which technological advances have provided unique equipment that may be utilized for unauthorized surveillance purposes. These technological advances such as unmanned aircraft systems, also known as unmanned aerial systems or drones, often outpace statutory protections and present a substantial privacy risk. The legislature further finds that the proliferation and accessibility of unmanned aircraft systems have created concerns about a person's right to privacy in the person's own home in the State.
The purpose of this Act is to make violation of privacy a more serious offense when unmanned aircraft systems are used to commit the offense.
SECTION 2. Section 711-1110.9, Hawaii Revised Statutes, is amended to read as follows:
"§711-1110.9 Violation of privacy in the first degree. (1) A person commits the offense of violation of privacy in the first degree if, except in the execution of a public duty or as authorized by law:
(a) The person intentionally or knowingly installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any device for observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity in that place; or
(b) The person knowingly discloses or threatens to disclose an image or video of another identifiable person either in the nude, as defined in section 712‑1210, or engaging in sexual conduct, as defined in section 712-1210, without the consent of the depicted person, with intent to harm substantially the depicted person with respect to that person's health, safety, business, calling, career, education, financial condition, reputation, or personal relationships or as an act of revenge or retribution; provided that:
(i) This paragraph shall not apply to images or videos of the depicted person made:
(A) When the person was voluntarily nude in public or voluntarily engaging in sexual conduct in public; or
(B) Pursuant to a voluntary commercial transaction; and
(ii) Nothing in this paragraph shall be construed to impose liability on a provider of "electronic communication service" or "remote computing service" as those terms are defined in section 803-41, for an image or video disclosed through the electronic communication service or remote computing service by another person.
(2) Violation of privacy in the first degree is a
class C felony[.]; provided that
violation of privacy in the first degree shall be a class B felony if an unmanned
aircraft system is used to commit the offense. In addition to any penalties the court may
impose, the court may order the destruction of any recording made in violation
of this section.
(3) Any recording or image made or disclosed in violation of this section and not destroyed pursuant to subsection (2) shall be sealed and remain confidential.
(4) For purposes of this section, "unmanned aircraft system" means a system consisting of an unmanned aerial vehicle; autonomous or human-operated control system; and associated elements, including communication links and components that control the unmanned aerial vehicle, that are required to operate the unmanned aerial vehicle."
SECTION 3. Section 711-1111, Hawaii Revised Statutes, is amended by amending subsections (3) and (4) to read as follows:
"(3) For the purposes of this section:
"Intimate areas" means any portion of a person's underwear, pubic area, anus, buttocks, vulva, genitals, or female breast.
"Intimate areas underneath clothing" does not include intimate areas visible through a person's clothing or intimate areas exposed in public.
"Public place" means an area generally open to the public, regardless of whether it is privately owned, and includes but is not limited to streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, buses, tunnels, buildings, stores, and restaurants.
"Unmanned
aircraft system" means a system consisting of an unmanned aerial vehicle;
autonomous or human-operated control system; and associated elements, including
communication links and components that control the unmanned aerial vehicle,
that are required to operate the unmanned aerial vehicle.
(4) Violation of privacy in the second degree is
a misdemeanor[.]; provided that violation of privacy in the second
degree shall be a class C felony if an unmanned aircraft system is used to
commit the offense. In addition to
any penalties the court may impose, the court may order the destruction of any
recording made in violation of this section."
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. 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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Report Title:
Violation of Privacy; Unmanned Aircraft Systems; Drones
Description:
Makes violation of privacy a more serious offense if an unmanned aircraft system is used to commit the offense.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
