REPORT TITLE:
Telemarketers


DESCRIPTION:
Creates the offense of telemarketing fraud.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2170
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO TELEMARKETERS. 


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

 1      SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§708-     Telemarketing fraud.  (1)  A person commits the
 
 5 offense of telemarketing fraud, if the person, with the intent to
 
 6 defraud or misrepresent, obtains or attempts to obtain the
 
 7 transfer of possession, control, or ownership, of the property of
 
 8 another through communications conducted at least in part by
 
 9 telephone and involving direct or implied claims that the person
 
10 contacted will or is about to receive anything of value, or
 
11 involving direct or implied claims that the person contacted may
 
12 be able to recover any losses suffered by such other person in
 
13 connection with a prize promotion.
 
14      (2)  Telemarketing fraud is a class B felony.  In addition,
 
15 any property used or intended for use in the commission of,
 
16 attempt to commit, or conspiracy to commit telemarketing fraud,
 
17 or that facilitated or assisted such activity, shall be forfeited
 
18 subject to chapter 712A."
 
19      SECTION 2.  New statutory material is underscored.
 
20      SECTION 3.  This Act shall take effect upon its approval.