STAND. COM. REP. NO.2960
Honolulu, Hawaii
, 2002
RE: H.B. No. 2438
H.D. 1
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 2438, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO IDENTITY,"
begs leave to report as follows:
The purpose of this measure is to provide criminal penalties for those who steal the identity of another, and for those who obtain identity documents under false pretenses or use a false or fictitious identity.
Your Committee received testimony in support of the measure from the Attorney General, Office of Information Practices, Honolulu Prosecuting Attorney, Honolulu Police Department, Hawaii Police Department, and an individual.
This measure would create the offenses of identity theft in the first, second, and third degrees, obtaining a government-issued identification document under false pretenses in the first and second degrees, and misuse of certificate of identification.
Your Committee finds that, in light of the terrorist attacks of September 11, 2001, the ramifications of identity theft have proven much more grave than previously thought. Identity theft, a huge problem in financial fraud and theft cases, now has implications for national security. This measure provides a comprehensive framework of statutes to deal with the various aspects of identity theft.
Your Committee has amended this measure on the recommendation of the Attorney General by deleting its contents and inserting S.B. No. 2696, S.D. 1, with an amendment to clarify that the deceptive use of a fictitious identity is for an unlawful purpose. Your Committee notes that the substantive difference between the two measures is that the House version deleted the offense of use of a fictitious identity which is in the senate bill. In addition, there are technical, nonsubstantive differences between the bills as the senate bill made changes for clarity.
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 H.B. No. 2438, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2438, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
____________________________ BRIAN KANNO, Chair |
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