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Joint committees add penalties, widen scope of damage-to‑critical‑infrastructure bill and pass with amendments
Summary
Senate Bill 371 was amended to widen the definition of critical infrastructure, add water systems, and explicitly allow manslaughter charges when deaths result from attacks on critical systems; the committees voted to pass the bill with those amendments.
Two joint Senate committees voted to pass Senate Bill 371 with amendments that broaden the bill’s scope and increase potential penalties for damaging critical infrastructure.
Deputy Attorney General Trisha Nakamatsu recommended incorporating existing statutory definitions of “critical infrastructure” (citing section 708‑890) so the bill covers a wider range of systems beyond electrical power, including computer systems that control transportation, gas, water and other infrastructure. Nakamatsu also proposed several language and mens‑rea changes to aid prosecution.
Committee chairs accepted most of the Attorney General’s suggested changes but rejected one recommendation to avoid explicitly naming manslaughter as a possible charge. The committees instead added language that would make it explicit that an individual who damages a critical infrastructure system and causes a death can face manslaughter charges. Senators also agreed to add water systems to the list of protected critical infrastructure after receiving feedback from a Maui prosecutor’s office.
A representative of Hawaiian Electric submitted written support for the bill; prosecutors’ and AG office testimony focused on ensuring the statute’s definitions and mental‑state elements enable effective prosecution. The chairs said the amendments are intended to deter and provide clear accountability for actions that disrupt essential services.
Action and vote: The committees adopted the amendments and recommended passing SB 371 with those changes. The chair and most members voted yes; one senator recorded a “no” vote during the joint committee proceeding.
What’s next: SB 371 advances out of committee with amendments to broaden the statutory definition of critical infrastructure, include water systems, and explicitly allow manslaughter charges where a death results from an attack or disruption to critical infrastructure systems.
