Report Title:
Vital statistics info; availability
Description:
Adds law enforcement officers to those who are considered to have a direct and tangible interest in public health statistic records. (SB2261 HD1)
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THE SENATE |
S.B. NO. |
2261 |
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TWENTY-THIRD LEGISLATURE, 2006 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DISCLOSURE OF VITAL STATISTICS RECORDS TO LAW ENFORCEMENT OFFICERS FOR CRIMINAL INVESTIGATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 338-18, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department shall not permit inspection of public health statistics records, or issue a certified copy of any such record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record. The following persons shall be considered to have a direct and tangible 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;
(9) A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;
(10) Adoptive parents who have filed a petition for adoption and who need to determine the death of one or more of the prospective adopted child's natural or legal parents;
(11) A person who needs to determine the marital status of a former spouse [in order] to determine the payment of alimony;
(12) A person who needs to determine the death of a nonrelated co-owner of property purchased under a joint tenancy agreement; [and]
(13) A person who needs a death certificate for the determination of payments under a credit insurance policy[.]; and
(14) A law enforcement officer, as defined by section 710-1000(13), who needs vital statistics records as evidence in a criminal investigation; provided that the law enforcement officer requests the vital statistics records by submitting to the department a signed statement verifying, under penalty of criminal prosecution for false swearing in official matters, that the vital statistics records are needed as evidence in a criminal investigation. The request shall contain a reference number for the criminal investigation upon which the request is based."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2099.