THE SENATE

S.B. NO.

1237

TWENTY-SIXTH LEGISLATURE, 2011

 

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, if 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:

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

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

         (C)  That the 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 upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

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.

 

 

 

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