Bill Text: HI SB844 | 2010 | Regular Session | Amended
Bill Title: Vital Statistics Records; Disclosure
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB844 Detail]
Download: Hawaii-2010-SB844-Amended.html
Report Title:
Vital Statistics Records; Disclosure
Description:
Authorizes the department of health to provide birth and death certificates to State and county law enforcement officers to facilitate criminal investigations. Effective 7/1/2050. (SD1)
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THE SENATE |
S.B. NO. |
844 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
S.D. 1 |
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STATE OF HAWAII |
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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 of the State or a county agency who requires a birth certificate or death certificate as evidence in a criminal investigation, if the law enforcement officer requesting the birth certificate or death certificate provides identification and submits to the department a signed statement verifying, under penalty of criminal prosecution for false swearing in official matters:
(A) That the officer is a law enforcement officer of the State or a county;
(B) That the officer is acting in the officer's official capacity; and
(C) That the birth certificate or death certificate is needed as evidence in a criminal investigation.
For purposes of this paragraph, "law enforcement officer" means an employee of the State or county, or subdivisions thereof, vested by law with a duty to maintain public order or to make arrests for offenses or to enforce the criminal laws of the State, whether that duty extends to all offenses or is limited to a specific class of offenses."
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.
