Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Judiciary and Hawaiian Affairs and Consumer Protection and Commerce, to which was referred H.B. No. 2438 entitled:

beg leave to report as follows:

The purpose of the bill is to make the following acts criminal:

1. Stealing the identity of another;

2. Obtaining identity documents under false pretenses; and

3. Using a false or fictitious identity.

Your Committees received testimony in support of this measure from the Department of the Attorney General, Department of the Prosecuting Attorney for the City and County of Honolulu and the County of Maui, the Police Departments for the City and County of Honolulu and the counties of Maui and Hawaii, and Retail Merchants of Hawaii. The Office of Information Practices testified in support of the intent of the bill. The Office of the Public Defender provided testimony in opposition to the measure.

Your Committees find that misappropriation of other people's identification information is on the rise. This measure begins to address the criminal conduct associated with identity theft. However, your Committees find that further discussion is needed to prevent criminalizing legitimate conduct included in the language of this measure.

Your Committees have amended this bill by:

As affirmed by the records of votes of the members of your Committees on Judiciary and Hawaiian Affairs and Consumer Protection and Commerce that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2438, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2438, H.D. 1, and be placed on the calendar for Third Reading.