Report Title:

International Matchmaking Organizations; Criminal and Marital History

Description:

Provides persons from foreign countries who are recruited by international matchmaking services as prospective spouses with access to criminal conviction and marital history information relating to prospective spouses who are Hawaii residents. (SD1)

THE SENATE

S.B. NO.

875

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO INTERNATIONAL MATCHMAKING ORGANIZATIONS.

 

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

INTERNATIONAL MATCHMAKING ORGANIZATIONS

-1 Definitions. As used in this chapter:

"Hawaii resident" includes aliens lawfully admitted for permanent residence and residing in Hawaii.

"International matchmaking organization" means a corporation, partnership, or other legal entity, whether or not organized under the laws of the United States or any state, that does business in the United States and for profit offers to residents of this State, dating, matrimonial, or social referral services involving citizens of a foreign country or countries who are not residing in the United States, by:

(1) An exchange of names, telephone numbers, addresses, or statistics;

(2) Selection of photographs; or

(3) A social environment provided by the organization in a country other than the United States.

The term does not include a traditional matchmaking organization of a religious nature that otherwise operates in compliance with the laws of the countries of the recruits of such organization and the laws of the United States and any organization, or that does not charge a fee to any party for the service provided.

"Marital history information" means a declaration of the person's current marital status, the number of times the person has previously been married, and whether any previous marriages occurred as a result of receiving services from an international matchmaking organization.

"Recruit" means a noncitizen, nonresident person, recruited by an international matchmaking organization for the purpose of providing dating, matrimonial, or social referral services.

-2 Dissemination of criminal record and marital history information. (a) Each international matchmaking organization doing business in this State shall:

(1) Notify all recruits that criminal history record information and marital history information is available upon request;

(2) Provide the notice required by paragraph (1) in the recruit's native language and displayed in a manner that separates it from other information, is highly noticeable, and in lettering not less than one-quarter of an inch high; and

(3) Upon request, disseminate to a recruit in the recruit's native language all criminal conviction information and marital history information in the possession of the international matchmaking organization relating to a Hawaii resident about whom any information is provided to the recruit.

(b) Upon receipt of a request for criminal conviction or marital history information from a recruit, an international matchmaking organization shall refrain from providing any further services to the recruit or the Hawaii resident with regard to facilitating future interaction between the recruit and the Hawaii resident until the Hawaii resident has submitted to the organization:

(1) The complete transcript of any criminal history record obtained from the Hawaii criminal justice data center and provided pursuant to section 849-10(b) based on a submission of fingerprint impressions; and

(2) The Hawaii resident's marital history information, accompanied by an affirmation by the Hawaii resident that any marital history information provided is complete and accurate and includes information regarding marriages, annulments, and dissolutions that occurred in other states or countries.

-3 Jurisdiction. An international matchmaking organization shall be deemed to be doing business in Hawaii if it contracts for matchmaking services with a Hawaii resident or is considered to be doing business under any other law of this State.

-4 Penalties. (a) Any person who violates this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2(a).

(b) A wilful violation of this chapter shall be punishable by a fine of up to $500 and up to thirty days imprisonment.

-5 Other relief available. The penalties provided in this chapter are in addition to penalties and remedies otherwise available against the same conduct under the common law or other state or federal statutes or rules."

SECTION 2. Section 846-9, Hawaii Revised Statutes, is amended to read as follows:

"846-9 Limitations on dissemination. Dissemination of nonconviction data shall be limited, whether directly or through any intermediary, only to:

(1) Criminal justice agencies, for purposes of the administration of criminal justice and criminal justice agency employment;

(2) Individuals and agencies specified in section [846-10;] 846-10(a);

(3) Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement; provided that such agreement shall specifically authorize access to data, limit the use of data to purposes for which given, and insure the security and confidentiality of the data consistent with the provisions of this chapter;

(4) Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency; provided that such agreement shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and insure the confidentiality and security of the data consistent with the purposes of this chapter;

(5) Individuals and agencies for any purpose authorized by statute, ordinance, executive order, or court rule, decision, or order, as construed by appropriate state or local officials or agencies; and

(6) Agencies of state or federal government which are authorized by statute or executive order to conduct investigations determining employment suitability or eligibility for security clearances allowing access to classified information.

These dissemination limitations do not apply to conviction data. These dissemination limitations also do not apply to data relating to cases in which the defendant is acquitted, or charges are dismissed, by reason of physical or mental disease, disorder, or defect under chapter 704.

Criminal history record information disseminated to noncriminal justice agencies shall be used only for the purposes for which it was given.

No agency or individual shall confirm the existence or nonexistence of criminal history record information to any person or agency that would not be eligible to receive the information itself."

SECTION 3. Section 846-10, Hawaii Revised Statutes, is amended to read as follows:

"846-10 Dissemination. (a) Criminal history record information may be disseminated to:

(1) The governor in individual cases or situations wherein the governor elects to become actively involved in the investigation of criminal activity or the administration of criminal justice in accordance with the governor's constitutional duty to insure that the laws [be] are faithfully executed;

(2) The attorney general in connection with the attorney general's statutory authority and duties in the administration and enforcement of the criminal laws and for the purpose of administering and insuring compliance with the provisions of this chapter; and

(3) To such other individuals and agencies who are provided for in this chapter or by rule or regulation.

(b) Criminal history record information limited to conviction data in the form of a transcript of the record of previous crimes of an applicant, or if there is no record of the applicant's commission of any crimes, a statement to that effect, shall be promptly sent to the international matchmaking organization specified by the applicant upon provision of satisfactory identification by the applicant which shall be positively verified by fingerprints."

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

SECTION 6. This Act shall take effect on January 1, 2004.