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8910111213141516
JAN
2
5
2012
A
BILL FOR
AN
ACT
RELATING TO THE DISCLOSURE OF VITAL STATISTICS RECORDS TO LAWENFORCEMENT OFFICERS.
BE
IT ENACTED
BY
THE LEGISLATUREOFTHE STATE
OF
HAWAII:
SECTION1.Section 338-18, Hawaii Revised Statutes, isamended by amending subsection (b) to read as follows:"(b) The department shall not permit inspection of publichealth statistics records, or issue a certified copy of any suchrecord or part thereof, unless it is satisfied that theapplicant has a direct and tangible interest in the record. Thefollowing persons shall be considered to have a direct andtangible 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;ATG-33
12)
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(9)
A person whose right to inspect or obtain a certifiedcopy of the record is established by an order of acourt of competent jurisdiction;(10) Adoptive parents who have filed a petition foradoption and
who
need to determine the death of one ormore of the prospective adopted child's natural orlegal parents;(11) A person who needs to determine the marital status ofa former spouse in order to determine the payment ofalimony;(12) A person who needs to determine the death of anonrelated co-owner of property purchased under ajoint tenancy agreement;
[
(13) A person who needs a death certificate for thedetermination of payments under a credit insurance
;
and
(14)
A law enforcement officer, as defined by section 710-1000(13), who needs vital statistics records asevidence in a criminal investigation; provided thatthe law enforcement officer requesting the vitalstatistics records provides identification and submitsto the department a signed statement verifying, underATG-33 (12)
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.B.
NO.
penalty of criminal prosecution for false swearing inofficial matters, that the:
(A)
(B)
(c)
Officer is a law enforcement officer as definedby section 710-1000 13)Officer is acting in the officer's officialcapacity; andVital statistics records are needed as evidencein a criminal investiuation."SECTION 2. Statutory material to be repealed is bracketedand stricken. New statutory material is underscored.SECTION
3.
This Act shall take effect upon its approval.INTRODUCED
BY
REQUESTATG-33 (12)
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SB 2727
RELATING TO THE DISCLOSURE OF VITAL STATISTICS RECORDS TO LAW
ENFORCEMENT OFFICERS
ENFORCEMENT OFFICERS
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