| 47 | | - | SECTION 1. The legislature finds that the security and resilience of Hawaii's critical electrical infrastructure are fundamental to the health and welfare of the State's residents, visitors, and employees and to the national defense of the country. The legislature acknowledges that modern society functions because of safe, affordable, and reliable electrical power. However, existing criminal 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 amending the offense of burglary in the second degree to include intentionally entering or remaining unlawfully on a critical electrical infrastructure. SECTION 2. Section 708-811, Hawaii Revised Statutes, is amended to read as follows: "§708-811 Burglary in the second degree. (1) A person commits the offense of burglary in the second degree if the person intentionally enters or remains unlawfully [in]: (a) In a building with intent to commit therein a crime against a person or against property rights[.]; or (b) On a critical electrical infrastructure, which is fenced or enclosed in a manner designed to exclude intruders with posted warning signs stating "Private Property Critical Electrical Infrastructure (HRS §708-800) No Trespassing" and the person recklessly disregards a substantial and unjustifiable risk that the property is a critical electrical infrastructure, with intent to commit therein a crime against a person or against property rights. The sign or signs, containing letters no less than two inches in height, shall be placed at reasonable intervals no less than three signs to a mile along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line. (2) "Critical electrical infrastructure" means areas integral to the operation or function of: (1) A power plant; (2) An electric transmission facility; (3) An electric station or substation; or (4) Any other facility used to support the generation, transmission, or distribution of electricity. "Critical electrical infrastructure" does not include support offices, land used for the transmission of electricity, or right-of-way that is not completely enclosed and maintained by the electric utility. [(2)] (3) Burglary in the second degree is a class C felony." 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. |
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| 47 | + | SECTION 1. The legislature finds that the security and resilience of Hawaii's critical electrical infrastructure are fundamental to the health and welfare of the State's residents, visitors, and employees and 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 if 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: (a) The property is fenced, enclosed, or secured 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) Criminal trespass on 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 areas integral to the operation or function of: (1) A power plant; (2) An electric transmission facility; (3) An electric station or substation; or (4) Any other facility used to support the generation, transmission, or distribution of electricity. "Critical electrical infrastructure" does not include support offices, land used for the transmission of electricity, 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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