STAND. COM. REP. NO. 2630

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2436
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
2436 entitled: 

     "A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to create a class C felony offense for the manufacture or sale of
false identification to a person under the age of twenty-one.

     Your Committee finds that fake identification cards or other
forms of identification lawfully sold by vendors are often used
illegally by teens to buy liquor or enter adult-only clubs and by
adults to cash stolen checks.  Your Committee believes that these
illegal activities are encouraged by the availability of fake
identifications.

     Your Committee finds that it is necessary to deter these
illegal activities and believes that prohibiting the sale of fake
identification will result in a reduction in these illegal
activities.

     Testimony in support of this measure was submitted by the
Attorney General, the Department of the Prosecuting Attorney,
City and County of Honolulu, the Honolulu Police Department,
Legislative Information Services of Hawaii, and the Hawaii
Visitor Industry Security Association.  Testimony commenting on
this measure was submitted by the Office of the Public Defender.


 
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     Upon further consideration, your Committee has amended this
measure by:

     (1)  Extending the offense to apply to sale of fake
          identification to a person of any age;

     (2)  Moving the offense to chapter 710, Hawaii Revised
          Statutes;

     (3)  Clarifying that the fake identification should appear
          to a reasonable person to be an official government
          identification; and

     (4)  Adding a provision to make personal property used in
          the offense subject to the criminal forfeiture
          provisions of chapter 712A, Hawaii Revised Statutes.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
2436, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as S.B. No. 2436, S.D. 1, and
be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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