Bill Text: HI SB1237 | 2011 | Regular Session | Amended

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Bill Title: Vital Statistics Records; Disclosure

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-02-16 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB1237 Detail]

Download: Hawaii-2011-SB1237-Amended.html

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THE SENATE	S.B. NO.	1237
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO THE DISCLOSURE OF VITAL STATISTICS RECORDS TO LAW

     ENFORCEMENT OFFICERS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 338-18, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The department shall not permit inspection of public health statistics records, or issue a certified copy of any such record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record.  The following persons shall be considered to have a direct and tangible interest in a public health statistics record:

     (1)  The registrant;

     (2)  The spouse of the registrant;

     (3)  A parent of the registrant;

     (4)  A descendant of the registrant;

     (5)  A person having a common ancestor with the registrant;

     (6)  A legal guardian of the registrant;

     (7)  A person or agency acting on behalf of the registrant;

     (8)  A personal representative of the registrant's estate;

     (9)  A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;

    (10)  Adoptive parents who have filed a petition for adoption and who need to determine the death of one or more of the prospective adopted child's natural or legal parents;

    (11)  A person who needs to determine the marital status of a former spouse in order to determine the payment of alimony;

    (12)  A person who needs to determine the death of a nonrelated co-owner of property purchased under a joint tenancy agreement; [and]

    (13)  A person who needs a death certificate for the determination of payments under a credit insurance policy[.]; and

    (14)  A law enforcement officer, as defined by section 710‑1000(13), who needs vital statistics records as evidence in a criminal investigation; provided that the law enforcement officer requesting the vital statistics records provides identification and submits to the department a signed statement verifying, under penalty of criminal prosecution for false swearing in official matters, that the:

         (A)  Officer is a law enforcement officer as defined by section 710-1000(13);

         (B)  Officer is acting in the officer's official capacity; and

         (C)  Vital statistics records are needed as evidence in a criminal investigation."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Vital Statistics Records; Disclosure

 

Description:

Authorizes the department of health to provide certain public health records to law enforcement officers to facilitate criminal investigations.  Effective 7/1/2050.  (SD1)

 

 

 

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