STAND. COM. REP. NO.  201

 

Honolulu, Hawaii

                , 2015

 

RE:   H.B. No. 781

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Sir:

 

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 781 entitled:

 

"A BILL FOR AN ACT RELATING TO THEFT OF PERSONAL ELECTRONIC DEVICES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to address theft that may lead to further crimes by use of the victim's personal information, by establishing a felony for theft of personal electronic devices that may be used to store or retrieve personal information.

 

     The Department of the Attorney General; Department of the Prosecuting Attorney, County of Maui; and a few individuals testified in support of this measure.  The Department of the Prosecuting Attorney, City and County of Honolulu; Office of the Prosecuting Attorney, County of Kauai; and Office of the Prosecuting Attorney, County of Hawaii testified in support with amendments to this measure.

 

     Your Committee has amended this measure by:

 

     (1)  Specifying that the felony established by this measure shall be for the theft of any computer that contains or has access to personal information; and

 

     (2)  Changing the effective date to July 1, 2112, to encourage further discussion.

     While your Committee notes that the amended language is intended to address the concern of the Department of the Prosecuting Attorney of the City and County of Honolulu, the amended language ensures that a person that commits theft of a computer of a value not in excess of $100, such as a new $40 prepaid non-contract smartphone that contains no personal information, is not charged with a felony.

 

     Your Committee respectfully requests that your Committee on Judiciary examine the constitutionality of this measure.

 

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 781, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 781, H.D. 1, and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

 

 

 

 

____________________________

ANGUS L.K. McKELVEY, Chair